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

DOCKET NO. CA 12-01177
DOCKET NO. CA 12-01178

BUYER'S FIRST CHOICE, INC. DOING BUSINESS AS 2.5% REAL ESTATE DIRECT, PLAINTIFF-APPELLANT, V JOANNE SIMME ALSO KNOWN AS JOANNE SIMME-GOOD, JOANNE SIMME DOING BUSINESS AS GOOD CHOICE, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) BUYER'S FIRST CHOICE, INC. DOING BUSINESS AS 2.5 % REAL ESTATE DIRECT, PLAINTIFF-APPELLANT, V JOANNE SIMME ALSO KNOWN AS JOANNE SIMME-GOOD, JOANNE SIMME DOING BUSINESS AS GOOD CHOICE, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from orders of the Erie County Court entered in the Office of the Clerk of the County of Erie on October 12, 2011, and January 23, 2012, and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Jed Carrol, Esq., sworn to June 25, 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 October 12, 2011, and January 23, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that motion insofar as it seeks an extension of time to perfect the appeal from the order entered October 12, 2011, is granted to the extent that the appellant shall perfect the appeal on or before October 9, 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 the appeal from the order entered January 23, 2012, is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: July 13, 2012

Frances E. Cafarell, Clerk