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

DOCKET NO. CA 11-00385
DOCKET NO. CA 11-00330

THOMAS C. ZEMBIEC, PETITIONER-RESPONDENT, V COUNTY OF MONROE, MONROE COUNTY SHERIFF'S DEPARTMENT, PATRICK O'FLYNN, SHERIFF OF THE MONROE COUNTY SHERIFF'S DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, UNDERSHERIFF GARY CAIOLA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) THOMAS C. ZEMBIEC, PETITIONER-APPELLANT-RESPONDENT, V COUNTY OF MONROE, MONROE COUNTY SHERIFF'S DEPARTMENT, PATRICK O'FLYNN, SHERIFF OF THE MONROE COUNTY SHERIFF'S DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, UNDERSHERIFF GARY CAIOLA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, RESPONDENTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Respondents-appellants having moved to consolidate the appeals taken herein from judgments of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 15, 2010, and May 18, 2010, and having moved to extend the time to perfect their appeal,

Now, upon reading and filing the affirmation of James L. Gelormini, Esq. dated February 24, 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 consolidation of the appeals is granted and the appeals from the judgments entered January 15, 2011, and May 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 for respondents-appellants to perfect their appeals is granted, and respondents-appellants shall perfect their appeals on or before April 20, 2011 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: March 21, 2011

Patricia L. Morgan, Clerk