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

DOCKET NOS. CA 09-00333 AND CA 09-00404

IN THE MATTER OF NEW HAMPSHIRE INSURANCE COMPANY, PETITIONER-APPELLANT, V ADAM BOBAK AND AMERICAN ARBITRATION ASSOCIATION, INC., RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.) IN THE MATTER OF ADAM BOBAK, PETITIONER-RESPONDENT, V AIG CLAIMS SERVICES, INC., NEW HAMPSHIRE INSURANCE COMPANY, AND AMERICAN INTERNATIONAL GROUP, INC., RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Respondent Adam Bobak 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 July 2, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved to consolidate that appeal with the appeal taken from an order and judgment of the same Court entered December 22, 2008,

Now, upon reading and filing the affidavit of Edward C. Cosgrove sworn to February 11, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Paul D. McCormick dated February 23, 2009, the notice of cross motion 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 and the appeal from the order entered July 2, 2008 is dismissed without further order unless that appeal is perfected on or before May 1, 2009.

It is further ORDERED that the cross motion be, and the same hereby is, granted and the appeals from the order entered July 2, 2008 and the order and judgment entered December 22, 2008 are hereby consolidated for the purpose of perfecting and arguing the appeals.

Entered: March 3, 2009

JoAnn M. Wahl, Clerk