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

DOCKET NO. CA 10-02266
DOCKET NO. CA 10-02267

DANTE GULLACE, RALPH GULLACE, AND ORCHARD GROVE PARK, LLC, PETITIONERS-RESPONDENTS, V CHRISTINE LUTEYN, ASSESSOR, AND THE BOARD OF ASSESSMENT REVIEW OF TOWN OF ONTARIO, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) DANTE GULLACE, RALPH GULLACE, AND ORCHARD GROVE PARK, LLC, ET AL., PETITIONERS-RESPONDENTS, V EILEEN PERKINS, ASSESSOR, AND BOARD OF ASSESSMENT REVIEW OF TOWN OF ONTARIO, RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Appellants having moved for a determination that an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on January 27, 2010, appealed herein (Appeal No. 1), is subsumed within an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Wayne on April 14, 2010, also appealed herein (Appeal No. 2), or, in the alternative, having moved for consolidation of Appeal Nos. 1 and 2, and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Alan J. Knauf, Esq. dated November 11, 2010, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks a determination that the order appealed from in Appeal No. 1 has been subsumed within the order and judgment appealed from in Appeal No. 2 is granted and Appeal No. 1 is, therefore, dismissed (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts 63 AD2d 566, 567; see also CPLR 5501 [a] [1]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect Appeal No. 2 is granted and appellants shall perfect the appeal on or before February 18, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 28, 2011

Patricia L. Morgan, Clerk