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

DOCKET NO. CA 10-00092
DOCKET NO. CA 10-00956
DOCKET NO. CA 10-00957

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. (APPEAL NO. 1.) 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. (APPEAL NO. 2.) 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. (APPEAL NO. 3.)

Appellants having moved to consolidate the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 10, 2009 (Appeal No. 1), April 26, 2010 (Appeal No. 2), and April 26, 2010 (Appeal No. 3) and to extend their time to perfect the appeal taken herein from the order entered November 10, 2009,

Now, upon reading and filing the affidavit of John M. Campolieto, Esq. sworn to April 23, 2010, the notice of motion with proof of service thereof, the affirmation of Amy L. DiFranco, Esq. dated April 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders and judgment entered November 10, 2009 (Appeal No. 1) and April 26, 2010 (Appeal Nos. 2 and 3) are hereby consolidated for the purposes of perfecting and arguing the appeals on the condition that the appeals are perfected by June 28, 2010,

It is further ORDERED that the motion insofar as it seeks an extension of two months to perfect the appeal from the order entered November 10, 2009 is granted to the extent that the ordering paragraph of the order of this Court entered January 25, 2010 is hereby amended by deleting the date April 26, 2010 and inserting in its place the date June 28, 2010.

Entered: May 4, 2010

Patricia L. Morgan, Clerk