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

DOCKET NO. CA 12-01487
DOCKET NO. CA 12-01488
DOCKET NO. CA 12-01489
DOCKET NO. CA 12-01490

GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA SCHMITT, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA SCHMITT, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA SCHMITT, DEFENDANT-RESPONDENT. (APPEAL NO. 3.) GERALD SCHMITT, PLAINTIFF-APPELLANT, V SANDRA SCHMITT, DEFENDANT-RESPONDENT. (APPEAL NO. 4.)

Appellant having moved to consolidate the appeals taken herein from judgments and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 22, 2012 (appeal No. 1), May 11, 2012 (appeal No. 2), and July 13, 2012 (appeal Nos. 3 and 4), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Carl. B. Kustell, Esq., dated August 10, 2012, 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 judgments and orders entered February 22, 2012, May 11, 2012, and July 13, 2012, and are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is hereby ORDERED that the motion insofar as it seeks an extension of time until October 1, 2012, to perfect the appeals is dismissed as unnecessary and premature (see 22 NYCRR 1000.12 [b];1000.13 [f]).

Entered: August 28, 2012

Frances E. Cafarell, Clerk