PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 08-01273, CA 08-01302 AND CA 08-01720
DOCKET NOS. CA 08-01273, CA 08-01302 AND CA 08-01720PAGE 2

LAURA L. CAMPOPIANO AND THOMAS CAMPOPIANO, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, V PAUL J. VOLCKO, DEFENDANT-APPELLANT. (APPEAL NO. 1.) LAURA CAMPOPIANO AND THOMAS CAMPOPIANO, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V PAUL J. VOLCKO, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) —————————————————————— ———————————————— LAURA L. CAMPOPIANO AND THOMAS CAMPOPIANO, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, V PAUL J. VOLCKO, DEFENDANT-APPELLANT. (APPEAL NO. 3.) Defendant having moved and plaintiffs having cross-moved to consolidate the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 18, 2007, September 5, 2007 and July 11, 2008, and for an extension of time to perfect the appeals, Now, upon reading and filing the affirmation of Joshua P. Rubin dated August 12, 2008, the notice of motion with proof of service thereof, the affidavit of Charles F. Burkwit sworn to August 19, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon, PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted, the appeals from the orders and judgment entered September 18, 2007, September 5, 2007 and July 11, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, defendant shall perfect his appeals on or before November 3, 2008 and, in the event of failure to so perfect, those appeals are dismissed without further order, and plaintiffs shall perfect their appeal on or before December 3, 2008 and, in the event of failure to so perfect, that appeal is hereby dismissed without further order.

Entered: September 2, 2008

JoAnn M. Wahl, Clerk