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

DOCKET NO. CA 12-02009
DOCKET NO. CA 12-02010

CHARLES R. HILL AND CATHY HILL, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V THOMAS P. CASH, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, THOMAS P. CASH AND CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATORS OF THE ESTATE OF BRETT W. RIETHMILLER DOING BUSINESS AS ELM STREET AUTOMOTIVE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) LINDA J. CASH, AS ADMINISTRATRIX OF THE ESTATE OF PENNY C. RIETHMILLER, DECEASED, PLAINTIFF-RESPONDENT, V CHARLES R. HILL, DEFENDANT-APPELLANT, THOMAS P. CASH, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATOR OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, AND THOMAS P. CASH AND CYNTHIA D. RIETHMILLER, AS CO-ADMINISTRATORS OF THE ESTATE OF BRETT W. RIETHMILLER, DECEASED, DOING BUSINESS AS ELM STREET AUTOMOTIVE, DEFENDANTS. (APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on February 15, 2012 (appeal No. 1), and April 5, 2012 (appeal No. 2),

Now, upon reading and filing the affirmation of David M. Goodman, Esq., dated October 12, 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 is granted and the appeals from the orders entered February 15, 2012, and April 5, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 4, 2012

Frances E. Cafarell, Clerk