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

DOCKET NO. CA 10-00945
DOCKET NO. CA 10-00947

DONNA PRINCE LYNCH, INDIVIDUALLY, AND AS THE PARENT AND NATURAL GUARDIAN OF PHILIP LAWRENCE LYNCH, AND AS THE ADMINISTRATRIX OF THE ESTATE OF TIMOTHY JOHN LYNCH, DECEASED, PLAINTIFFS-RESPONDENTS-APPELLANTS, V MIKE WATERS, AS THE FIRE CONTROL COORDINATOR OF COUNTY OF ONONDAGA, AND COUNTY OF ONONDAGA, DEFENDANTS-APPELLANTS-RESPONDENTS. MIKE WATERS, AS THE FIRE CONTROL COORDINATOR OF COUNTY OF ONONDAGA, AND COUNTY OF ONONDAGA, THIRD-PARTY PLAINTIFFS-APPELLANTS-RESPONDENTS, V THE POMPEY HILL FIRE DISTRICT, THE POMPEY HILL FIRE DEPARTMENT, RICHARD ABBOTT, IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT, MARK KOVALEWSKI IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT, THE VILLAGE OF MANLIUS FIRE DEPARTMENT, RAYMOND DILL IN HIS OFFICIAL CAPACITY AS DEPUTY CHIEF OF THE MANLIUS FIRE DEPARTMENT, AND JOSEPH MESSINA,THIRD-PARTY DEFENDANTS-RESPONDENTS, AND JOSEPH MESSINA, THIRD-PARTY DEFENDANT. (APPEAL NO. 1.) DONNA PRINCE LYNCH, INDIVIDUALLY, AND AS THE PARENT AND NATURAL GUARDIAN OF PHILIP LAWRENCE LYNCH, AND AS THE ADMINISTRATRIX OF THE ESTATE OF TIMOTHY JOHN LYNCH, DECEASED, PLAINTIFFS-RESPONDENTS, V MIKE WATERS, AS THE FIRE CONTROL COORDINATOR OF COUNTY OF ONONDAGA, AND COUNTY OF ONONDAGA, DEFENDANTS-APPELLANTS. ——————————————————————& mdash;———————- MIKE WATERS, AS THE FIRE CONTROL COORDINATOR OF COUNTY OF ONONDAGA, AND COUNTY OF ONONDAGA, THIRD-PARTY PLAINTIFFS-APPELLANTS, V THE POMPEY HILL FIRE DISTRICT, THE POMPEY HILL FIRE DEPARTMENT, RICHARD ABBOTT, IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT, MARK KOVALEWSKI IN HIS OFFICIAL CAPACITY AS AN ASSISTANT CHIEF OF THE POMPEY HILL FIRE DEPARTMENT, THE VILLAGE OF MANLIUS FIRE DEPARTMENT, RAYMOND DILL IN HIS OFFICIAL CAPACITY AS DEPUTY CHIEF OF THE MANLIUS FIRE DEPARTMENT, AND JOSEPH MESSINA, THIRD-PARTY DEFENDANTS-RESPONDENTS, AND JOSEPH MESSINA, THIRD-PARTY DEFENDANT. (APPEAL NO. 2.)

Defendants/third-party plaintiffs having moved for an extension of time to perfect the appeal and plaintiffs having cross-moved for an extension of time to perfect the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 22, 2009, and

Defendants/third-party plaintiffs having moved for an extension of time to perfect the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of Onondaga County on September 1, 2009,

Now, upon reading and filing the affirmation of Mary J. Fahey, Esq. dated April 26, 2010, the affidavit of Michael G. Bersani, Esq. sworn to April 29, 2010, the notices of motion and cross motion with proof of service thereof, the affidavit of Fawn A. Arnold, Esq. sworn to May 6, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and defendant/third-party plaintiffs shall perfect their appeals from the orders of the Supreme Court entered July 22, 2009 and September 1, 2009 on or before June 17, 2010, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the cross motion is granted to the extent that plaintiffs shall perfect their cross appeal from the order of the Supreme Court entered July 22, 2009 on or before June 17, 2010, and in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: June 8, 2010

Patricia L. Morgan, Clerk