ALESSANDRO SACCHETTI V MICHAEL GIORDANO, DPM ALESSANDRO SACCHETTI V MICHAEL L. GIORDANO, D.P.M. (APPEAL NO. 2.)
Motion No: CA 11-02555
Slip Opinion No: 2012 NY Slip Op 60923(U)
Decided on January 5, 2012
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


January 5, 2012

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

DOCKET NO. CA 11-02555
DOCKET NO. CA 11-02556

ALESSANDRO SACCHETTI, PLAINTIFF-RESPONDENT,

V

MICHAEL GIORDANO, DPM, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

ALESSANDRO SACCHETTI, PLAINTIFF-RESPONDENT,

V

MICHAEL L. GIORDANO, D.P.M., DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from a judgment (Appeal No. 1) and an order (Appeal No. 2) of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 7, 2011, and December 1, 2011, and to extend the time to perfect the appeal from the judgment entered April 7, 2011,

Now, upon reading and filing the affidavit of Amy Archer Flaherty, Esq., sworn to December 20, 2011, and the notice 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 consolidate the appeals is granted and the appeals from the judgment and order entered April 7, 2011, and December 1, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the judgment entered April 7, 2011, is granted and appellant shall perfect the appeal on or before March 12, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 5, 2012

Frances E. Cafarell, Clerk