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

DOCKET NO. CA 11-01738
DOCKET NO. CA 12-01183

VIRGINIA S. PAUL, PLAINTIFF-APPELLANT, V DAVID G. COOPER, AS ADMINISTRATOR OF THE ESTATE OF ERNEST R. COOPER, DECEASED, UNITED REFINING HOLDINGS, INC., DOING BUSINESS AS KWIK FILL GAS STATION, UNITED REFINING COMPANY OF PENNSYLVANIA, UNITED REFINING CO., AND UNITED REFINING, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) VIRGINIA S. PAUL, PLAINTIFF-APPELLANT, V DAVID G. COOPER, AS ADMINISTRATOR OF THE ESTATE OF ERNEST R. COOPER, DECEASED, UNITED REFINING HOLDINGS, INC., DOING BUSINESS AS KWIK FILL GAS STATION, UNITED REFINING COMPANY OF PENNSYLVANIA, UNITED REFINING CO., AND UNITED REFINING, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 20, 2011, and March 2, 2012, and having moved for other relief, and

Respondents having moved and cross-moved for an order dismissing appeal No. 1 on the ground that the judgment entered May 20, 2011, was entered upon default; dismissing appeal Nos. 1 and 2 on the ground that they are moot; dismissing appeal No. 1 on the ground that the record is incomplete; striking certain parts of appellant's brief; and prematurely dismissing appeal No. 2 to the extent is seeks to bring up for review any prior orders or matters that were the subject of contest before Supreme Court on the ground that the order entered March 2, 2012, is not a final order; and having moved and cross-moved for other relief,

Now, upon reading and filing the affirmations of Michael J. Crosby, Esq., dated June 26, 2012, July 10, 2012, and July 12, 2012, the affidavits of David F. Bowen, Esq., sworn to June 25, 2012, July 2, 2012, and July 12, 2012, the affirmation of Phyliss A. Hafner, Esq., dated July 2, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that appellant's motion is granted to the extent that the appeals from the judgment and order entered May 20, 2011, and March 2, 2012, will be heard on the same date, and appeal No. 2 shall be added to the calendar for the term commencing October 15, 2012, on the condition that appellant perfects appeal No. 2 on or before August 17, 2012, and

It is further ORDERED that appeal No. 1 is removed from the Court's day calendar for September 4, 2012, and added to the calendar for the term of this Court commencing October 15, 2012, and

It is further ORDERED that respondents' motion and cross motion are denied.

Entered: July 23, 2012

Frances E. Cafarell, Clerk