PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.

DOCKET NOS. CA 07-02277, CA 07-02278, AND CA 08-01389

MATTER OF DONALD GRASSO, DAVID MONOLOPOLUS, AND DANIEL T. WARREN, PETITIONERS-APPELLANTS, V TOWN OF WEST SENECA, ZONING BOARD OF APPEALS OF THE TOWN OF WEST SENECA, TOWN OF WEST SENECA BUILDING DEPARTMENT, WILLIAM CZUPRYNSKI AS CODE ENFORCEMENT OFFICER OF THE TOWN OF WEST SENECA CANISIUS HIGH SCHOOL ALSO KNOWN AS THE CANISIUS HIGH SCHOOL OF BUFFALO, NEW YORK, AND JAMES P. HIGGINS, S.J. AS PRESIDENT OF CANISIUS HIGH SCHOOL, RESPONDENTS-RESPONDENTS.

Appellants having moved to consolidate the appeals taken from a judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 23, 2007, October 23, 2007, and March 28, 2008, and for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Daniel T. Warren sworn to June 9, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Paul Notaro dated June 23, 2008, the opposing affirmation of Richard T. Sullivan dated June 23, 2008, the reply affidavit of Daniel T. Warren sworn to June 24, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the notice of appeal from the order entered March 28, 2008 is deemed to be a motion for permission to appeal, permission to appeal is hereby granted, the appeals from the judgment and the orders entered October 23, 2007, October 23, 2007 and March 28, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and appellant shall perfect the appeals on or before September 22, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: July 23, 2008

JoAnn M. Wahl, Clerk