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

DOCKET NOS. CA 09-02297 AND CA 09-02298

IN THE MATTER OF THE APPLICATION OF PHILIPPE R. SCHWIMMER, INDIVIDUALLY AND AS HOLDER OF FIFTY PERCENT OF THE OUTSTANDING VOTING SHARES OF EL-ROH REALTY CORP., PETITIONER-APPELLANT, FOR THE DISSOLUTION OF EL-ROH REALTY CORP., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK, PURSUANT TO ARTICLE 11 OF THE BUSINESS CORPORATION LAW. JOAN ROTH AND LOIS ROTH, RESPONDENTS-RESPONDENTS. IN THE MATTER OF THE APPLICATION OF PHILIPPE R. SCHWIMMER, INDIVIDUALLY AND AS HOLDER OF FIFTY PERCENT OF THE OUTSTANDING VOTING SHARES OF EL-ROH REALTY CORP., PETITIONER-APPELLANT, FOR THE DISSOLUTION OF EL-ROH REALTY CORP., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK, PURSUANT TO ARTICLE 11 OF THE BUSINESS CORPORATION LAW. ———————————————————— JOAN ROTH AND LOIS ROTH, RESPONDENTS-RESPONDENTS.

Appellant having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 10, 2009 and October 8, 2009, and for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Carter H. Strickland sworn to November 10, 2009, the notice of 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 appeals from the orders entered April 10, 2009 and October 8, 2009 are hereby consolidated for

DOCKET NOS. CA 09-02297 AND CA 09-02298

NOVEMBER 30, 2009

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the purposes of perfecting and arguing the appeals, appellant shall perfect the appeals on or before January 29, 2010 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: November 30, 2009

Patricia L. Morgan, Clerk