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

DOCKET NO. CA 12-01114
DOCKET NO. CA 12-01116

LLORD BYRON BROOKS, III, FRANK FLAY, RICHARD S. LAING, JR., AND FRANK WICKINS, PLAINTIFFS-APPELLANTS, V AXA ADVISORS, LLC AND RICHARD JEFFREY JEROME, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) LLORD BYRON BROOKS, III, FRANK FLAY, RICHARD S. LAING, JR., AND FRANK WICKINS, PLAINTIFFS-APPELLANTS, V AXA ADVISORS, LLC AND RICHARD JEFFREY JEROME, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellants 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 September 1, 2011 (appeal No. 1), and December 6, 2011 (appeal No. 2), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Jason J. Kane, Esq., dated June 15, 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 orders entered September 1, 2011, and December 6, 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 appeal No. 1 is granted and appellants shall perfect the appeal on or before July 30, 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 No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: June 26, 2012

Frances E. Cafarell, Clerk