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

DOCKET NO. CA 10-01188
DOCKET NO. CA 10-01071

CAROL H. GRIECO, AS EXECUTRIX OF THE ESTATE OF JOHN P. GRIECO, DECEASED, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH, THOMAS J. CUMBO, M.D., THOMAS A. CUMBO, M.D., DEFENDANTS, JANERIO D. ALDRIDGE, M.D., BUFFALO THORACIC SURGICAL ASSOCIATES, P.C., IAN M BROWN, RPAC, TAMMY B. ERVOLINA, R.P.A.C., ROBERT J. GAMBINO, RPAC, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) CAROL H. GRIECO, AS EXECUTRIX OF THE ESTATE OF JOHN P. GRIECO, DECEASED, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH, THOMAS J. CUMBO, M.D., AND THOMAS A. CUMBO, M.D., DEFENDANTS JANERIO D. ALDRIDGE, M.D., BUFFALO THORACIC SURGICALASSOCIATES, P.C., IAN M BROWN, RPAC, TAMMY B. ERVOLINA, R.P.A.C., AND ROBERT J. GAMBINO, RPAC, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 3, 2010, on the ground that appellants have failed to perfect timely the appeal, and

Appellants having cross-moved to consolidate and extend time to perfect the appeals from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 30, 2009 and February 3, 2010,

Now, upon reading and filing the affidavits of Carrie L. Smith, Esq. sworn to May 14, 2010 and May 18, 2010, the affidavit of Kathleen M. Sweet, Esq. sworn to May 27, 2010, the notices of motion and cross motion with proof of service thereof, the affidavit of Carrie L. Smith, Esq. sworn to May 28, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeals from the order entered February 3, 2010 is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 9, 2010, and

It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered September 30, 2009 (Appeal No. 1) and February 3, 2010 (Appeal No. 2) are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that the appeals are perfected on or before August 9, 2010, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeal taken from the order entered September 30, 2009 is granted and appellants shall perfect the appeal on or before August 9, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 8, 2010

Patricia L. Morgan, Clerk