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

DOCKET NO. CA 12-01219

NATIONAL FUEL GAS DISTRIBUTION CORPORATION, PLAINTIFF-APPELLANT-RESPONDENT, V PUSH BUFFALO (PEOPLE UNITED FOR SUSTAINABLE HOUSING) AND WHITNEY YAX, DEFENDANTS-RESPONDENTS-APPELLANTS.

Defendants having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 2, 2012, on the ground that plaintiff failed to perfect timely the appeal, and

Plaintiff having cross-moved to dismiss the cross appeal taken herein from the order entered March 2, 2012, on the ground that defendants have failed to perfect timely their cross appeal, having moved to consolidate the appeal and cross appeal, and having moved for other relief,

Now, upon reading and filing the affirmations of James J. Duggan, Esq., dated June 28, 2012, and July 20, 2012, the affidavit of Kenneth A. Manning, Esq., sworn to July 19, 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 defendants' motion is granted and plaintiff's appeal is dismissed without further order unless the appeal is perfected on or before September 25, 2012, and

It is further ORDERED that plaintiff's cross motion insofar as it seeks to dismiss the cross appeal is granted and defendants' cross appeal is dismissed without further order unless the cross appeal is perfected on or before October 30, 2012, and

It is further ORDERED that plaintiff's cross motion insofar as it seeks to consolidate the appeal and cross appeal is granted.

Entered: July 27, 2012

Frances E. Cafarell, Clerk