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

DOCKET NOS. CA 11-00089 AND CA 11-00362

IN THE MATTER OF THE APPLICATION OF CITY OF ROCHESTER FOR AN "INSPECTION WARRANT" TO INSPECT 449 CEDARWOOD TERRACE, CITY OF ROCHESTER, COUNTY OF MONROE, STATE OF NEW YORK. JILL CERMAK AND BRUCE HENRY, APPELLANTS, CITY OF ROCHESTER, RESPONDENT.

Appellants having moved to consolidate the appeals taken herein from the orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 8, 2010, and February 18, 2011, to extend the time to perfect the appeal from the order entered February 8, 2010, and to have the same panel of this Court hear certain appeals,

Now, upon reading and filing the affirmation of Michael A. Burger, Esq. dated February 22, 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 is granted and the appeals from the orders entered February 8, 2010, and February 18, 2011, 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 from the order entered February 8, 2010, is granted to the extent that the ordering paragraph of the order of this Court entered February 2, 2011, is hereby amended by deleting the date March 14, 2011, and inserting in its place the date May 13, 2011, and

It is further ORDERED that the motion is otherwise dismissed as premature.

Entered: March 11, 2011

Patricia L. Morgan, Clerk