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

DOCKET NO. CA 11-00499

DANA MESLER AND CYNTHIA MESLER, PLAINTIFFS-RESPONDENTS-APPELLANTS, V PODD LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION, ET AL., DEFENDANTS. JJK MANAGEMENT, INC., WEIGHT WATCHERS INTERNATIONAL, INC., AND WEIGHT WATCHERS NORTH AMERICA, INC., DEFENDANTS-APPELLANTS-RESPONDENTS. DANA MESLER, ET AL., PLAINTIFFS, V PODD LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION,ET AL., DEFENDANTS, DEVELOPERS DIVERSIFIED REALTY CORPORATION AND BG BCF, LLC, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V JJK MANAGEMENT, INC., THIRD-PARTY DEFENDANT-APPELLANT.

Appellants-respondents Weight Watchers International, Inc. and Weight Watchers North America, Inc. having moved to extend the time to perfect their appeal and to consolidate the appeals taken herein from an orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 26, 2010, and appellant-respondent JJK Management, Inc. having cross-moved to consolidate the appeals and to extend the time to perfect its appeal,

Now, upon reading and filing the affirmation of Stephen M. Sorrels, Esq. received March 7, 2011, the affidavit of Robert M. Lippman, Esq. sworn to March 7, 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 and cross motion insofar as they seek to consolidate the appeals from the orders entered May 26, 2010, are granted and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion and cross motion insofar as they seek an extension time to perfect appellants-respondents' appeals are granted and appellants-respondents shall perfect their appeals on or before May 18, 2011, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: March 24, 2011

Patricia L. Morgan, Clerk