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

DOCKET NOS. CA 11-01713 AND CA 11-01714

DAWN GROTE, PLAINTIFF-APPELLANT, V SARAH VAILLANCOURT, PATTY VAILLANCOURT, CITY OF NORTH TONAWANDA, NORTH TONAWANDA POLICE DEPARTMENT, POLICE OFFICER JOSHUA J. CRESS, POLICE OFFICER RICHARD WYDYSH, DEFENDANTS-RESPONDENTS.

Respondents City of North Tonawanda, North Tonawanda Police Department, Joshua J. Cress, and Richard Wydysh 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 Niagara on February 17, 2011, and May 3, 2011, on the ground that appellant has failed to perfect timely the appeals,

Appellant having cross-moved to consolidate the appeals and for an extension of time to

perfect the appeals from the aforementioned orders, and for other relief,

Now, upon reading and filing the affirmations of Dennis J. Bischof, Esq., received August 17, 2011, and August 22, 2011, the affidavit of Stephanie S. Gelber, Esq., sworn to August 31, 2011, and the notices 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 dismiss the appeals is granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 15, 2011, and

It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered February 17, 2011, and May 3, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the cross motion is otherwise dismissed as unnecessary.

Entered: September 16, 2011

Patricia L. Morgan, Clerk