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

DOCKET NO. CA 12-02031
DOCKET NO. CA 12-02032

KIMBERLY L. ACKMAN, PLAINTIFF-APPELLANT, V DOUGLAS C. GROSS, DEFENDANT-RESPONDENT. DOUGLAS C. GROSS, DEFENDANT-RESPONDENT, V MARK HABERER, THIRD-PARTY DEFENDANT. KIMBERLY L. ACKMAN, PLAINTIFF-APPELLANT, V DOUGLAS C. GROSS, DEFENDANT-RESPONDENT. DOUGLAS C. GROSS, DEFENDANT-RESPONDENT, V MARK HABERER, THIRD-PARTY DEFENDANT.

Appellant having moved to withdraw the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 23, 2011 (CA 12-02031), and 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 Erie on January 17, 2012 (CA 12-02032),

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to October 29, 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 withdraw the appeal from the order entered November 23, 2011, is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the judgment entered January 17, 2012, is granted and appellant shall perfect the appeal on or before January 15, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

\

Entered: November 16, 2012

Frances E. Cafarell, Clerk