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

DOCKET NOS. CA 09-02102 AND CA 09-02211

ALICE YARGEAU AND ANDREW YARGEAU, PLAINTIFFS-RESPONDENTS, V LASERTRON, DEFENDANT-APPELLANT.

Respondents 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 29, 2009 (Docket No. CA 09-02102), on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved to consolidate that appeal with its appeal from an order of the same Court entered October 7, 2009 (Docket No. CA 09-02211), and for other relief,

Now, upon reading and filing the affirmation of Michael V. Booth dated October 13, 2009, the notice of motion with proof of service thereof, the opposing affidavit of George Skandalis sworn to October 21, 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 29, 2009 is dismissed without further order unless that appeal is perfected on or before January 6, 2010, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the appeals from the orders entered July 29, 2009 and October 7, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the cross motion is otherwise dismissed as unnecessary.

Entered: November 2, 2009

Patricia L. Morgan, Clerk