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

DOCKET NOS. CA 10-00570 AND CA 10-00571

DORIS KRIEGER AND FRANK KRIEGER, PLAINTIFFS-APPELLANTS, V MCDONALD'S RESTAURANT OF NEW YORK, INC., HECTOR URENA D/B/A MCDONALD'S RESTAURANT, CP NATIONAL ENTERPRISES, INC., D/B/A MCDONALD'S RESTAURANT, CRG AT ARNOT MALL, INC. D/B/A MCDONALD'S RESTAURANT, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) MICHAEL RUCKER, PLAINTIFF-APPELLANT, V MCDONALD'S RESTAURANT OF NEW YORK, INC., HECTOR URENA D/B/A MCDONALD'S RESTAURANT, CP NATIONAL ENTERPRISES, INC., D/B/A MCDONALD'S RESTAURANT, CRG AT ARNOT MALL, INC. D/B/A MCDONALD'S RESTAURANT, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 26, 2009, and having moved for an extension of time to perfect appellants appeal,

Now, upon reading and filing the affidavit of John A. Cirando sworn to March 8, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Melissa J. Smallacombe dated March 10, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion to consolidate is granted and the appeals from the order entered May 26, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion to extend appellants' time to perfect their appeal is granted and appellants shall perfect their appeal on or before May 24, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 23, 2010

Patricia L. Morgan, Clerk