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

DOCKET NO. CA 11-00033
DOCKET NO. CA 11-00034

JEFFREY THRALL, PETITIONER-RESPONDENT, V CNY CENTRO, INC., AND CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) JEFFREY THRALL, PETITIONER-RESPONDENT, V CNY CENTRO, INC., AND CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 9, 2009 (Appeal No. 1), to consolidate Appeal No. 1 with the appeal from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 19, 2010 (Appeal No. 2), to extend the time to perfect Appeal No. 2, and for other relief,

Now, upon reading and filing the affirmations of Craig M. Atlas, Esq. dated February 4, 2011, and February 10, 2011, the notice of motion with proof of service thereof, and the affirmation of Robert Louis Riley, Esq. dated February 9, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of Appeal No. 1 is granted, on the condition that appellants perfect the appeal on or before May 9, 2011, and

It is hereby further ORDERED that the motion insofar as it seeks to consolidate Appeal Nos. 1 and 2 is granted for purposes of arguing and perfecting the appeals, on the condition that the appeals are perfected on or before May 9, 2011, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect Appeal No. 2 is granted to the extent that the first ordering paragraph of the order of this Court entered January 28, 2011, is hereby amended by deleting the date March 29, 2011, and inserting in its place the date May 9, 2011.

Entered: March 10, 2011

Patricia L. Morgan, Clerk