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

DOCKET NOS. CA 11-00173 AND CA 11-00175

PATRICIA CURTO, CLAIMANT-APPELLANT, V NEW YORK STATE THRUWAY AUTHORITY, AND NEW YORK STATE, DEFENDANTS-RESPONDENTS. (CLAIM NO. 116804-A.)

Appellant having moved for permission to proceed as a poor person, for an extension of time to perfect the appeals taken herein from orders of the Court of Claims entered in the Office of the Clerk of said court on April 2, 2010, and September 16, 2010, for consolidation of the appeals, and for other relief,

Now, upon reading and filing the affidavit of Patricia Curto sworn to January 19, 2011, 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 an extension of time to perfect the appeal from the order entered April 2, 2010, is granted and appellant shall perfect the appeal on or before April 11, 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 insofar as it seeks an extension of time to perfect the appeal from the order entered September 16, 2010, is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion insofar as it seeks consolidation of the appeals is granted and the appeals from the orders entered April 2, 2010, and September 16, 2010, are hereby consolidated for purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is otherwise denied, with leave to renew upon filing and serving a new motion that includes, among other things, proof of service upon the Erie County Attorney (see CPLR 1101 [c]; 22 NYCRR 1000.14 [a] [3]).

Entered: February 9, 2011

Patricia L. Morgan, Clerk