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

DOCKET NO. CA 10-00092

JOSEPH MONTESANO, INDIVIDUALLY AND AS PRESIDENT OF ROCHESTER FIREFIGHTERS, INC., LOCAL 1071, IAFF, AFL-CIO, AS TRUSTEE OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, AND ON BEHALF OF ALL OTHER INDIVIDUALS PROVIDING FIRE PROTECTION TO CITY OF ROCHESTER, SIMILARLY SITUATED, FREDERICK DI NOTO, GARY DI NOTO, KEVIN BILLS AND MICHAEL SULLI, INDIVIDUALLY AS ROCHESTER FIREFIGHTERS AND AS TRUSTEES OF ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, AND ROCHESTER FIREFIGHTERS ASSOCIATION MUTUAL AID FUND, PLAINTIFFS-RESPONDENTS, V FLOYD A. MADISON, AS CHIEF OF FIRE DEPARTMENT OF CITY OF ROCHESTER, AND AS ADMINISTRATOR OF FIREFIGHTERS INSURANCE FUND OF CITY OF ROCHESTER, ET AL., DEFENDANTS, AND CITY OF ROCHESTER, DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 10, 2009, and for consolidation,

Now, upon reading and filing the affidavit of John M. Campolieto sworn to January 11, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Amy L. DiFranco dated January 20, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before April 26, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

It is further ORDERED that the motion for consolidation be, and the same hereby is, dismissed a premature.

Entered: January 25, 2010

Patricia L. Morgan, Clerk