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

DOCKET NOS. CA 11-00673 AND CA 11-00675

JAMES SQUARE ASSOCIATES LP, MOHAWK GLEN ASSOCIATES, LLC, PIONEER FULTON SHOPPING CENTER, LLC, PIONEER MANAGEMENT GROUP, LLC, AND WATERFRONT ASSOCIATES, LLC, PLAINTIFFS-RESPONDENTS, V DENNIS MULLEN, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND JAMIE WOODWARD, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, DEFENDANTS-APPELLANTS.

Appellants having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 22, 2010, and to consolidate the appeals taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 22, 2010 (Docket No. CA 11-00673), and February 9, 2011 (Docket No. CA 11-00675),

Now, upon reading and filing the affirmation of Owen Demuth, Esq. dated March 29, 2011, the notice of motion with proof of service thereof, and the affidavit of Jonathan B. Fellows, Esq. sworn to April 4, 2011, 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 and judgments entered June 22, 2010, and February 9, 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 taken from the order entered June 22, 2010, is granted to the extent appellants shall perfect the appeal on or before May 23, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 25, 2011

Patricia L. Morgan, Clerk