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

DOCKET NOS. CA 11-01755 AND CA 11-01756

KATHLEEN P. MUELLER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF NATALIE C. DRUZBIK, DECEASED, PLAINTIFF-RESPONDENT, V ELDERWOOD HEALTH CARE AT OAKWOOD AND OAKWOOD HEALTH CARE CENTER, INC., DEFENDANTS-APPELLANTS.

Appellants having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 1, 2010, and May 3, 2011, and to extend the time to perfect the appeal from the judgment entered December 1, 2010,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to August 26, 2011, the affidavit of Amy Archer Flaherty, Esq., sworn to September 9, 2011, the notice of motion with proof of service thereof, and the affidavit of Michael C. Scinta, Esq., sworn to August 30, 2011, 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 the judgment and the order entered December 1, 2010, and May 3, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals on the condition that the appeals are perfected on or before November 2, 2011, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the judgment entered December 1, 2010, is granted and appellant shall perfect the appeal on or before November 2, 2011, and, in the event of failure to perfect, the appeal is hereby dismissed without further order.

Entered: September 19, 2011

Patricia L. Morgan, Clerk