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

DOCKET NOS. CA 11-01434 AND CA 11-01435

DR. JOHN CHONG-HWAN WEE, PLAINTIFF-APPELLANT, V NATIONAL GRID, JOHN J. WEISBECK, ET AL., DEFENDANTS-RESPONDENTS.

Respondents having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Genesee on March 18, 2011, and March 23, 2011, on the ground that appellant has failed to perfect timely the appeals, and appellant having cross-moved to extend his time to perfect the appeals, to proceed as a poor person, and to consolidate the appeals from the orders entered March 18, 2011, and March 23, 2011,

Now, upon reading and filing the affirmation of Erica M. DiRenzo, Esq., dated July 8, 2011, the affidavit of Dr. John Chong-Hwan Wee sworn to July 19, 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 is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 26, 2011, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeals is dismissed as unnecessary, and

It if further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered March 18, 2011, and March 23, 2011,

are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the cross motion insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon filing of a new motion that includes, among other things, proof of service on the Genesee County Attorney, in addition to proof of service on all parties (see CPLR 1101 [c]; 22 NYCRR 1000.14 [a] [3]).

Entered: July 28, 2011

Patricia L. Morgan, Clerk