PRESENT: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

DOCKET NOS. CA 11-01225 AND CA 11-01226

IN THE MATTER OF THE ARBITRATION BETWEEN BOARD OF EDUCATION OF THE DUNDEE CENTRAL SCHOOL DISTRICT, PETITIONER-RESPONDENT, AND DOUGLAS COLEMAN, RESPONDENT-APPELLANT.

Petitioner-respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Yates on October 4, 2010 (Appeal No. 1) (Docket No. CA 11-01225), on the ground that respondent-appellant has failed to perfect timely the appeal or, in the alternative, to consolidate Appeal No. 1 with a judgment of the Supreme Court entered in the Office of the Clerk of the County of Yates on May 4, 2011 (Appeal No. 2) (Docket No. 11-01226) and set a deadline to perfect, and respondent-appellant having cross-moved to extend the time to perfect Appeal No. 1 and to consolidate Appeal Nos. 1 and 2,

Now, upon reading and filing the affidavit of Eric J. Wilson, Esq., sworn to June 13, 2011, the affidavit of Timothy S. Taylor, Esq., sworn to June 13, 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 petitioner-respondent's motion insofar as it seeks to dismiss Appeal No. 1 is granted, and Appeal No. 1 is dismissed without further order unless the appeal is perfected on or before September 20, 2011, and

It is further ORDERED that the motion and cross motion insofar as they seek to consolidate Appeal Nos. 1 and 2 are granted on the condition that the appeals are perfected on or before September 20, 2011, and

It is further ORDERED that respondent-appellant's cross motion insofar as it seeks to extend the time to perfect Appeal No. 1 is dismissed as unnecessary.

Entered: July 22, 2011

Patricia L. Morgan, Clerk