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

DOCKET NO. CA 08-02072
DOCKET NO. CA 08-02072 PAGE 2

EDWARD YOON AND REGINA YOON, AS PARENTS AND NATURAL GUARDIANS OF THOMAS YOON, AN INFANT, PLAINTIFFS-APPELLANTS, V ROBERT MORRIS, ET AL, DEFENDANTS, COUNTY OF MONROE AND TOWN OF BRIGHTON, DEFENDANTS-RESPONDENTS. TOWN OF BRIGHTON, THIRD-PARTY PLAINTIFF-APPELLANT, V MCCORD LANDSCAPE ARCHITECTURE, DOUGLAS C. MCCORD, OWNER OF MCCORD LANDSCAPE ARCHITECTURE, INDIVIDUALLY AND AS OWNER OF MCCORD LANDSCAPE ARCHITECTURE, THIRD-PARTY DEFENDANTS-RESPONDENTS, ET AL., THIRD-PARTY DEFENDANT. Appellant Town of Brighton having moved to consolidate the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 7, 2008, and plaintiffs-appellants having cross-moved for an extension of time to perfect their appeal, Now, upon reading and filing the affirmation of Alan M. Clark dated November 7, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John C. Herbert sworn to November 20, 2008, the affirmation of Paul F. Shanahan dated November 21, 2008, the notice of cross motion with proof of service thereof, the reply affirmations of Adam M. Clark dated November 24, 2008 and November 25, 2008, and due deliberation having been had thereon, It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals from the order entered July 7, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

It is further ORDERED that the cross motion be, and the same hereby is, granted to the

extent that the ordering paragraph of the order of this Court entered October 23, 2008 is hereby amended by deleting the date December 31, 2008 and inserting in its place the date March 2, 2009.

Entered: December 4, 2008

JoAnn M. Wahl, Clerk