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

DOCKET NOS. CA 08-02595 AND CA 08-02596

WILLIAM GUSTAFSON, AS ADMINISTRATOR DBN OF THE ESTATE OF BRUCE G. GUSTAFSON, DECEASED, PLAINTIFF-RESPONDENT, V PAUL C. DIPPERT, D.O., ET AL., DEFENDANTS, AND ANDREW J. STANSBERRY, R.P.A., DEFENDANT-APPELLANT. (APPEAL NO. 1.) WILLIAM GUSTAFSON, AS ADMINISTRATRIX DBN OF THE ESTATE OF BRUCE G. GUSTAFSON, DECEASED, PLAINTIFF-RESPONDENT, V PAUL C. DIPPERT, D.O., ET AL., DEFENDANTS, ANDREW J. STANSBERRY, R.P.A., AND JEFFREY P. STEINIG, M.D., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 14, 2008 and November 20, 2008, and for a stay of discovery pending determination of the appeals,

Now, upon reading and filing the affidavit of Melissa L. Zittel sworn to December 16, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to December 23, 2008, the reply affidavit of Melissa L. Zittel sworn to January 2, 2009, 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 orders entered October 14, 2008 and November 20, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that discovery is hereby stayed pending the hearing and determination of the appeals, on the condition that appellants perfect the appeals on or before March 13, 2009.

Entered: January 14, 2009

JoAnn M. Wahl, Clerk