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

DOCKET NOS. CA 09-00081 AND CA 10-01542

THERESA ANNE JELFO, PLAINTIFF-RESPONDENT, V JOHN MICHAEL JELFO, JR., DEFENDANT-APPELLANT.

Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 11, 2008, and

Appellant having further moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 11, 2008 (Docket No. CA 09-00081) and October 29, 2009 (Docket No. 10-01542), and to extend the time to perfect the consolidated appeals,

Now, upon reading and filing the affidavit of John A. Cirando, Esq. sworn to July 14, 2010, the notice of motion with proof of service thereof, the affirmation of J. Scott Porter, Esq. dated July 24, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal taken herein from the judgment entered April 11, 2008 is granted on the condition that the appeal is perfected on or before August 20, 2010, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals taken herein is granted, and the appeals from the judgment and the order entered April 11, 2008 and October 29, 2009 are 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 appeal taken herein from the order entered October 29, 2009 is granted on the condition that appellant perfects the appeal on or before August 20, 2010.

Entered: August 5, 2010

Patricia L. Morgan, Clerk