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

DOCKET NOS. CA 11-01077 AND CA 11-01715

WENDOVER FINANCIAL SERVICES, PLAINTIFF-APPELLANT, V JO-ANN RIDGEWAY, AS HEIR TO ESTATE OF AMEILA DONVITO, ALSO KNOWN AS AMEILA C. DONVITO, DECEASED, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

Respondent having moved to dismiss appellant's appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 19, 2011 (Docket No. CA 11-01715), or, in the alternative, to consolidate the appeal taken herein from said order with the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 16, 2010 (Docket No. CA 11-01077), and for an extension of time to file and serve a respondent's brief,

Now, upon reading and filing the affidavit of Dante M. Scaccia, Esq., sworn to August 18, 2011, the notice of motion with proof of service thereof, and the affirmation of Andrew Morganstern, Esq., dated August 26, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeal from the order entered May 19, 2011, is granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 14, 2011, and

It is further ORDERED that the motion insofar as it seeks and extension of time file and serve a respondent's brief on the appeal from the order entered December 16, 2010, is granted on condition that the brief is filed and served on or before October 11, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs on the appeal from the order entered December 16, 2010, if any, shall be filed and served on or before October 26, 2011.

Entered: September 15, 2011

Patricia L. Morgan, Clerk