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

DOCKET NO. CA 10-00401
CA 10-01000

WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT, V STEVEN V. MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP, AND MERCURY PRINT PRODUCTIONS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT, V STEVEN V. MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP, MERCURY PRINT PRODUCTIONS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals and to extend his time to perfect the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Wayne on November 5, 2009, and March 30, 2010,

Now, upon reading and filing the affirmation of William E. Burkhart, Jr., Esq. dated May 5, 2010, the notice of motion with proof of service thereof, the affidavit of Christopher G. Todd, Esq. sworn to May 21, 2010, the affirmation of Thomas Cronmiller, Esq. dated May 21, 2010, the affirmation of Jerauld E. Brydges dated May 21, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals from the orders entered November 5, 2009 and March 30, 2010 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the consolidated appeals is granted and appellants shall perfect the appeals on or before August 2, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 2, 2010

Patricia L. Morgan, Clerk