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

DOCKET NO. CA 08-01829

PAUL THOMAS ZULAWSKI, JR., PLAINTIFF-APPELLANT, V RICHARD TAYLOR, PATRICIA HARTNER, DONALD G POWELL, ESQ., ZDARSKY, SAWICKI & AGOSTINELLI, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.

Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 4, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved to consolidate that appeal with his appeal from an order and judgment of the same Court entered July 28, 2008 (Docket No. CA 08-01929), and for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Ralph C. Lorigo sworn to August 29, 2008, the affidavit of Randall D. White sworn to September 3, 2008, the notices of motion with proof of service thereof, the opposing affidavit of R. Anthony Rupp, III sworn to September 15, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Ralph C. Lorigo sworn to September 17, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal from the order entered June 4, 2008 is dismissed without further order unless that appeal is perfected on or before November 21, 2008, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the appeals from the order and the order and judgment entered June 4, 2008 and July 28, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the motion is otherwise denied.

Entered: September 22, 2008

JoAnn M. Wahl, Clerk