PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 11-02387

IN THE MATTER OF JAMES MCTIERNAN, III, INDIVIDUALLY AND AS PRESIDENT OF THE ROCHESTER FIREFIGHTERS, INC., LOCAL 1071, IAFF, AFL-CIO, AND ON BEHALF OF ALL OTHER INDIVIDUALS PROVIDING FIRE PROTECTION TO CITY OF ROCHESTER, SIMILARLY SITUATED, PETITIONERS-RESPONDENTS, V JOHN CAUFIELD, AS CHIEF OF THE FIRE DEPARTMENT OF THE CITY OF ROCHESTER AND AS ADMINISTRATOR OF THE FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER; CHARLES A. BENINCASA, AS TREASURER OF CITY OF ROCHESTER AND AS TRUSTEE OF THE FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER; CITY OF ROCHESTER AND THE FIRE DEPARTMENT OF CITY OF ROCHESTER, RESPONDENTS-APPELLANTS.

Appellants having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 18, 2011, and having moved to consolidate this appeal with any additional appeals from final orders of the Supreme Court,

Now, upon reading and filing the affidavit of John M. Campolieto, Esq., sworn to June 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 an extension of time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered May 2, 2012, is hereby amended by deleting the date June 18, 2012, and inserting in its place the date September 16, 2012, and

It is further ORDERED that the motion insofar as it seeks to consolidate is dismissed as premature.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: July 23, 2012

Frances E. Cafarell, Clerk