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

DOCKET NO. CA 12-00964
DOCKET NO. CA 12-00966
DOCKET NO. CA 12-00967

TODD R. GREENERT, PLAINTIFF, V SALES ASSOCIATES OF WNY, LLC, THE BARDEN & ROBESON CORP., GREENTREE BUILDERS, INC., JEFFREY EZZO, INDIVIDUALLY AND DOING BUSINESS AS NEIGHBOR JEFF CONSTRUCTION, DEFENDANTS. THE BARDEN & ROBESON CORP., DEFENDANT/THIRD-PARTY PLAINTIFF, V JEFFREY PILGER, THIRD-PARTY DEFENDANT. SALES ASSOCIATES OF WNY, LLC, SECOND THIRD-PARTY PLAINTIFF-APPELLANT, V EDWARD H. DAVIS, JR., KATERI M. DAVIS, AND JEFFREY PILGER, SECOND THIRD-PARTY DEFENDANTS-RESPONDENTS. JEFFREY EZZO, INDIVIDUALLY AND DOING BUSINESS AS NEIGHBOR JEFF CONSTRUCTION, THIRD DEFENDANT/THIRD-PARTY PLAINTIFF, V JEFFREY PILGER, THIRD THIRD-PARTY DEFENDANT. THE BARDEN & ROBESON CORP., FOURTH DEFENDANT/THIRD-PARTY PLAINTIFF, V EDWARD H. DAVIS, JR. AND KATERI M. DAVIS, FOURTH THIRD-PARTY DEFENDANTS. (APPEAL NO. 1.) TODD R. GREENERT, PLAINTIFF-RESPONDENT, V SALES ASSOCIATES OF WNY, LLC AND THE BARDEN & ROBESON CORP., DEFENDANTS-APPELLANTS, GREENTREE BUILDERS, INC., JEFFREY EZZO, INDIVIDUALLY AND DOING BUSINESS AS NEIGHBOR JEFF CONSTRUCTION, DEFENDANTS. THE BARDEN & ROBESON CORP., DEFENDANT/THIRD-PARTY PLAINTIFF-APPELLANT, V JEFFREY PILGER, THIRD-PARTY DEFENDANT-RESPONDENT. SALES ASSOCIATES OF WNY, LLC, SECOND THIRD-PARTY PLAINTIFF, V EDWARD H. DAVIS, JR., KATERI M. DAVIS, AND JEFFREY PILGER, SECOND THIRD-PARTY DEFENDANTS. JEFFREY EZZO, INDIVIDUALLY AND DOING BUSINESS AS NEIGHBOR JEFF CONSTRUCTION, THIRD DEFENDANT/THIRD-PARTY PLAINTIFF, V JEFFREY PILGER, THIRD THIRD-PARTY DEFENDANTS. (APPEAL NO. 2.) TODD R. GREENERT, PLAINTIFF, V SALES ASSOCIATES OF WNY, LLC, DEFENDANT-APPELLANT, THE BARDEN & ROBESON CORP. AND GREENTREE BUILDERS, INC., DEFENDANTS, JEFFREY EZZO, INDIVIDUALLY AND DOING BUSINESS AS NEIGHBOR JEFF CONSTRUCTION, DEFENDANT-RESPONDENT. THE BARDEN & ROBESON CORP., DEFENDANT/THIRD-PARTY PLAINTIFF, V JEFFREY PILGER, THIRD-PARTY DEFENDANT. SALES ASSOCIATES OF WNY, LLC, SECOND DEFENDANT THIRD-PARTY PLAINTIFF, V JEFFREY PILGER, EDWARD H. DAVIS, JR., AND KATERI M. DAVIS, SECOND THIRD-PARTY DEFENDANTS. JEFFREY EZZO, INDIVIDUALLY AND DOING BUSINESS AS NEIGHBOR JEFF CONSTRUCTION, THIRD DEFENDANT/THIRD-PARTY PLAINTIFF, V JEFFREY PILGER, THIRD THIRD-PARTY DEFENDANT. THE BARDEN & ROBESON CORP., DEFENDANT/THIRD-PARTY PLAINTIFF, V EDWARD H. DAVIS, JR. AND KATERI M. DAVIS, FOURTH-PARTY DEFENDANTS. (APPEAL NO. 3.)

Defendant/second third-party plaintiff Sales Associates of WNY, LLC, 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 October 3, 2011 (appeal No. 1), February 16, 2012 (appeal No. 2), and March 9, 2012 (appeal No. 3), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmations of Joseph A. Matteliano, Esq., dated May 15, 2012, and May 23, 2012, the notice of motion with proof of service thereof, and the affirmation of Richard P. Plochocki, Esq., dated May 31, 2012, 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 orders entered October 3, 2011, February 16, 2012, and March 9, 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 appeal No. 1 is granted and Sales Associates of WNY, LLC shall perfect the appeal on or before September 17, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 2 and 3 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: June 15, 2012

Frances E. Cafarell, Clerk