JANNETTE MORALES V ASARESE MATTERS COMMUNITY CENTER, REES-ALLISON POOL, CITY OF BUFFALO PARKS AND RECREATION
Motion No: CA 12-00458
Slip Opinion No: 2012 NY Slip Op 67283(U)
Decided on March 12, 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.


March 12, 2012

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

DOCKET NO. CA 12-00458
DOCKET NO. CA 12-00459

JANNETTE MORALES, PLAINTIFF,

V

ASARESE MATTERS COMMUNITY CENTER,

REES-ALLISON POOL, CITY OF BUFFALO PARKS

AND RECREATION DEPARTMENT, ERIE COUNTY

DEPARTMENT OF PARKS AND RECREATION, DEFENDANTS

CITY OF BUFFALO, DEFENDANT-RESPONDENT,

AND COUNTY OF ERIE, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

JANNETTE MORALES, PLAINTIFF,

V

ASARESE MATTERS COMMUNITY CENTER,

REES-ALLISON POOL, DEFENDANTS, CITY OF BUFFALO PARKS

AND RECREATION DEPARTMENT, DEFENDANT-RESPONDENT

ERIE COUNTY DEPARTMENT OF PARKS AND RECREATION,

DEFENDANT, CITY OF BUFFALO, DEFENDANT-RESPONDENT,

AND COUNTY OF ERIE, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 11, 2011 (appeal No. 1), and January 9, 2012 (appeal No. 2), and having moved for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affidavit of Beverley S. Braun, Esq., sworn to March 2, 2012, 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 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 appeal No. 1 is granted to the extent that appellant shall perfect the appeal on or before July 2, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 12, 2012

Frances E. Cafarell, Clerk