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

DOCKET NOS. CA 09-02576 AND CA 10-00670

ROBERT BOULDIN, JR. AND DONNA BOULDIN, PLAINTIFFS-APPELLANTS, V CSX TRANSPORTATION, INC. AND VALLEY VIEW MOTOR INN, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) ROBERT BOULDIN, JR., AND DONNA BOULDIN, PLAINTIFFS-RESPONDENTS, V CSX TRANSPORTATION, INC., AND VALLEY VIEW MOTOR INN, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Plaintiffs having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 10, 2009, and having moved to consolidate all appeals taken from the orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 17, 2009 and September 10, 2009, and for other relief,

Now, upon reading and filing the affirmations of Colleen M. Murphy, Esq. dated March 19, 2010, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted, the dismissal of the appeal from the order entered September 10, 2009 is vacated, the time to perfect the appeals from the order entered June 17, 2009 is extended, and the appeals from the orders entered June 17, 2009 and September 10, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals on the condition that the plaintiffs perfect their appeal on or before May 17, 2010, in which case defendants' briefs in support of their cross appeals and in response to plaintiffs' appeal shall be filed and served on or before June 16, 2010.

Entered: April 16, 2010

Patricia L. Morgan, Clerk