PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 10-00292
DOCKET NO. CA 10-01703
DOCKET NO. CA 10-02027
DOCKET NO. CA 10-02028

PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT, V TOWN OF CLARENCE, DEFENDANT, KIEFFER ENTERPRISE, INC., DEFENDANT-APPELLANT. (APPEAL NO. 1) PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT, V TOWN OF CLARENCE, DEFENDANT-APPELLANT, KIEFFER ENTERPRISE, INC., DEFENDANT. (APPEAL NO. 2.) PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT, V TOWN OF CLARENCE, DEFENDANT-APPELLANT, KIEFFER ENTERPRISE, INC., DEFENDANT. (APPEAL NO. 3.) PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT, V TOWN OF CLARENCE, DEFENDANT-APPELLANT, KIEFFER ENTERPRISE, INC., DEFENDANT. (APPEAL NO. 4.)

Appellant Town of Clarence (Town) having moved to consolidate and extend time to

perfect the appeals taken herein from a judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 24, 2009 (CA 10-01703), and August 9, 2010 (CA 10-02027 and CA 10-02028), and

Appellant Kieffer Enterprises, Inc. (KEI) having cross-moved to consolidate and extend time to perfect the appeals taken herein from a judgment and an order entered November 24, 2010 (CA 10-00292), and August 9, 2010 (CA 10-02027),

Now, upon reading and filing the affirmation of Jeremy A. Colby, Esq. dated September 24, 2010, the affirmation of Dennis P. Glascott, Esq., dated September 28, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the Town's motion insofar as it seeks to consolidate the Town's appeals is granted, and the Town's appeals from the judgment and orders entered November 24, 2010, and August 9, 2010, are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that the appeals are perfected on or before February 28, 2011, and

It is further ORDERED that the Town's motion insofar as it seeks an extension of time until February 28, 2011, to perfect the Town's appeals from the judgment and orders entered November 24, 2009, and August 9, 2010, is granted, and the ordering paragraph of the order of this Court entered August 16, 2010, is hereby amended by deleting the date November 3, 2010, and inserting in its place the date February 28, 2011.

It is further ORDERED that KEI's cross motion insofar as it seeks to consolidate KEI's appeals is denied, and KEI's appeal from the order entered August 9, 2010, is hereby dismissed (compare Kelley v Kronenberg, 2 AD3d 1406, and Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988, with DLJ Mortgage Capital, Inc. v 44 Brushy Neck Ltd., 51 A.D.3d 857; see also CPLR 5501 [a] [1]), and

It is further ORDERED that KEI's motion insofar as it seeks an extension of time to

perfect KEI's appeal from the judgment entered November 24, 2009, is granted to the extent that the ordering paragraph of the order of this Court entered August 16, 2010, is hereby amended by deleting the date November 3, 2010, and inserting in its place the date February 28, 2011.

Entered: October 26, 2010

Patricia L. Morgan, Clerk