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

DOCKET NO. CA 12-00931
DOCKET NO. CA 12-00933

JAMES S. DAVIS, ROBERT C. BOSSERT, JR., CHARLES D. BEAVER, DAVID A. RODKEY, ALBERT E. WEISSER, AND JOHN W. HUPP, PLAINTIFFS-APPELLANTS, V THOMAS T. WISKUP, SR., THOMAS T. WISKUP, JR., LAURA STANISZEWSKI, ROBERT C. WISKUP, AND POTTER LUMBER COMPANY, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) JAMES S. DAVIS, ROBERT C. BOSSERT, JR., CHARLES D. BEAVER, DAVID A. RODKEY, ALBERT E. WEISSER, AND JOHN W. HUPP, PLAINTIFFS-APPELLANTS, V THOMAS T. WISKUP, SR., THOMAS T. WISKUP, JR., LAURA STANISZEWSKI, ROBERT C. WISKUP, AND POTTER LUMBER COMPANY, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on March 8, 2012 (appeal No. 1), and April 24, 2012 (appeal No. 2), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Gregory P. Zimmerman, Esq., dated May 18, 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 consolidate the appeals is granted and the appeals from the order and judgment entered March 8, 2012, and April 24, 2012, 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 appeals is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: June 5, 2012

Frances E. Cafarell, Clerk