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

DOCKET NOS. CA 11-00129 AND CA 11-00130

GAIL E. RYE, PLAINTIFF-APPELLANT, V LIFT LINE, INC., AND ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY, DEFENDANTS-RESPONDENTS.

Appellant having moved to extend the time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 28, 2010, and to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 28, 2010 (Docket No. CA 11-00129) and October 28, 2010 (Docket No. CA 11-00130), and

Respondents having cross-moved for dismissal of the appeal taken from the order entered October 28, 2010, on the ground that it is not appealable, for dismissal of the appeal taken from the order entered April 28, 2010, on the ground that appellant has failed to perfect timely the appeal, and for other relief,

Now, upon reading and filing the affidavits of Charles F. Burkwit, Esq. sworn to January 20, 2011, and February 4, 2011, the affidavit of Greta K. Kolcon, Esq. sworn to January 31, 2011, and 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 motion insofar as it seeks to consolidate the appeals is granted and the appeals taken from the orders entered April 28, 2010, and October 28, 2010, are hereby 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 from the order entered April 28, 2010, is granted to the extent that appellant shall perfect the appeal on or before May 9, 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 cross motion is denied.

Entered: March 10, 2011

Patricia L. Morgan, Clerk