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

DOCKET NOS. CA 08-02660 AND CA 08-02661

HELEN V. MAECKER, PLAINTIFF-APPELLANT, V ARTHUR L. MAECKER, DEFENDANT-RESPONDENT.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Eugene M. Fahey on December 23, 2008, for a stay of all proceedings to enforce an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 14, 2008 and November 19, 2008, pending the hearing and determination of the appeals taken herein, and for other relief,

Now, upon reading and filing the undated affirmation of Thomas Allan Palmer, said show cause order with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the temporary stay contained in the show cause order bringing the motion on before the full Court be, and the same hereby is, continued, and the appeals from the order and judgment entered August 14, 2008 and November 19, 2008 are hereby consolidated for the purpose of perfecting and arguing the appeals, on the condition that appellant perfect the appeals on or before March 16, 2009, in which event,

It is further ORDERED that the appeals are to be added to the calendar for the term of this Court commencing September 8, 2009.

Entered: January 14, 2009

JoAnn M. Wahl, Clerk