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

DOCKET NO. CA 12-00414
DOCKET NO. CA 12-00415
DOCKET NO. CA 12-00416

RICHARD HARBY, PLAINTIFF-APPELLANT, V AIMEE HARBY, DEFENDANT. ELLEN A. TOMASSO, ESQ., ATTORNEY FOR THE CHILDREN, RESPONDENT. (APPEAL NO. 1.) RICHARD HARBY, PLAINTIFF-APPELLANT, V AIMEE HARBY, DEFENDANT. ——————————————————————& mdash;————————- ELLEN A. TOMASSO, ESQ., ATTORNEY FOR THE CHILDREN, RESPONDENT. (APPEAL NO. 2.) RICHARD HARBY, PLAINTIFF-APPELLANT, V AIMEE HARBY, DEFENDANT. ——————————————————————& mdash;————————- ELLEN A. TOMASSO, ESQ., ATTORNEY FOR THE CHILDREN, RESPONDENT. (APPEAL NO. 3.)

Appellant having moved to vacate dismissal of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Ontario on March 5, 2010 (appeal No. 1), August 17, 2010 (appeal No.2), and May 16, 2011 (appeal No. 3), and having moved to consolidate said appeals,

Now, upon reading and filing the affirmation of Michael A. Jones, Jr., Esq., dated February 21, 2012, 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 vacate dismissal of appeal No. 1 and consolidate appeal No. 1 with appeal Nos. 2 and 3 is denied, and

It is further ORDERED that the motion insofar as it seeks to consolidate and vacate dismissal of the appeal Nos. 2 and 3 is granted, on the condition that appellant perfects the appeals on or before May 11, 2012.

Memorandum: The motion insofar as it seeks to vacate dismissal of appeal No. 1 is untimely (see 22 NYCRR 1000.13 [g]).

Entered: March 13, 2012

Frances E. Cafarell, Clerk