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

DOCKET NOS. CA 11-01067 AND CA 11-01068

UTILITY SERVICES CONTRACTING, INC., PLAINTIFF-RESPONDENT-APPELLANT, V MONROE COUNTY WATER AUTHORITY, DEFENDANT-APPELLANT-RESPONDENT.

Defendant having moved for an extension of time for the parties to perfect the appeals from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 4, 2010, and having moved to consolidate said appeals with the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 4, 2011,

Now, upon reading and filing the affirmation of F. Paul Green, Esq. dated May 18, 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 to consolidate the appeals is granted and the appeals from orders entered August 4, 2010, and January 4, 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 defendant's appeal from the order entered August 4, 2010, is granted and defendant shall perfect the appeal on or before June 30, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect plaintiff's appeal from the order entered August 4, 2010, is granted and plaintiff shall perfect the appeal on or before August 4, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 8, 2011

Patricia L. Morgan, Clerk