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

DOCKET NO. CA 08-02270
DOCKET NO. CA 08-02270PAGE 2

NICOLE S. MAURER, PLAINTIFF-RESPONDENT, V TOPS MARKETS, LLC, DEFENDANT-APPELLANT. NICOLE S. MAURER, PLAINTIFF-RESPONDENT, V RAYMOND E. KISER, DEFENDANT-APPELLANT. (APPEAL NO. 1.) NICOLE MAURER, PLAINTIFF-RESPONDENT, V TOPS MARKETS, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 2.) NICOLE S. MAURER, PLAINTIFF, V TOPS MARKETS, LLC, DEFENDANT. —————————————————————— ———————- NICOLE S. MAURER, PLAINTIFF-RESPONDENT, V RAYMOND E. KISER, DEFENDANT-APPELLANT. (APPEAL NO. 3.) NICOLE MAURER, PLAINTIFF-RESPONDENT, V RAYMOND E. KISER, DEFENDANT-APPELLANT. (APPEAL NO. 4.) PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

Appellants having moved to vacate the dismissal of the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 7, 2007, and to consolidate those appeals with the appeals taken from a judgment of the same

Court entered June 20, 2008 (Docket No. CA 08-02271), an order of the same Court entered April 10, 2008 (Docket No. CA 08-02321), and a judgment of the same Court entered June 20, 2008 (Docket No. CA 08-02330),

Now, upon reading and filing the affidavit of Dennis P. Hamilton sworn to October 31, 2008, the affirmation of Cheryl F. Korman dated November 7, 2008, the notices of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated November 14, 2008, and due deliberation having been thereon,

It is hereby ORDERED that the motions be, and the same hereby are granted, and the appeals from the orders and the judgments entered December 7, 2007, June 20, 2008, April 10, 2008 and June 20, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, on the conditions that appellants perfect the appeals on or before January 16, 2009.

Entered: November 18, 2008

JoAnn M. Wahl, Clerk