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

DOCKET NOS. CA 11-00033 AND CA 11-00034

JEFFREY THRALL, PETITIONER-RESPONDENT, V CNY CENTRO, INC., AND CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, RESPONDENTS-APPELLANTS.

Appellants having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 9, 2009 (Appeal No. 1), and April 19, 2010 (Appeal No. 2), or, in the alternative, having moved for an order determining that the papers relating to both the order entered November 9, 2009, and the order and judgment entered April 19, 2010, may be included in the same record, and having moved for an extension of time to perfect the appeals taken herein,

Now, upon reading and filing the affirmation of Craig M. Atlas, Esq. dated December 23, 2010, the notice of motion with proof of service thereof, and the affidavit of Robert Louis Riley, Esq. sworn to December 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect Appeal No. 2 (Docket No. CA 11-00034) is granted, and appellants shall perfect Appeal No. 2 on or before March 29, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is otherwise denied (see Montalvo v Nel Taxi Corp., 114 AD2d 494, 494).

Memorandum: Appeal No. 1 (Docket No. CA 11-00033) has been dismissed for failure to perfect timely the appeal (see 22 NYCRR 1000.12 [b]). Appellants' remedy is to renew this motion in conjunction with a motion to vacate dismissal of the appeal.

Entered: January 28, 2011

Patricia L. Morgan, Clerk