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

DOCKET NO. CA 09-00009

WILLIAM BUCKLAEW, PLAINTIFF-RESPONDENT-APPELLANT, V SCOTT L. WALTERS AND LORI MILLER, DEFENDANTS-APPELLANTS-RESPONDENTS, (ACTION NO. 1.) JOHN HIGGINS, PLAINTIFF-RESPONDENT-APPELLANT, V SCOTT L. WALTERS AND LORI MILLER, DEFENDANTS-APPELLANTS-RESPONDENTS. (ACTION NO. 2.)

Defendants having moved to dismiss the cross appeal taken by plaintiff John Higgins from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on November 17, 2008, on the ground that the cross notice of appeal was not filed, to consolidate their appeal and the cross appeal taken by plaintiff William Bucklaew, for an extension of time to perfect their appeal, and for an order certifying the record on appeal,

Now, upon reading and filing the affirmation of Bradley A. Hoppe dated August 28, 2009, the affidavit of Lynn N. Newman sworn to August 28, 2009, the notice of motion with proof of service thereof, the affidavit of Michael J. Skoney sworn to August 31, 2009, 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 cross appeal of plaintiff John Higgins is dismissed without costs, defendants' appeal is consolidated with the cross appeal of plaintiff William Bucklaew, the time for defendants to perfect their appeal is extended to November 16, 2009, the time for plaintiff William Bucklaew to perfect his cross appeal is extended to December 16, 2009, and the motion is otherwise denied (see 22 NYCRR 1000.4 [a] [1] [ii]).

Entered: September 21, 2009

Patricia L. Morgan, Clerk