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

DOCKET NOS. CA 12-01497 AND CA 12-01639

PHILLIP DEL NERO, PLAINTIFF-APPELLANT, V MARK COLVIN, DEFENDANT-RESPONDENT.

Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 14, 2012, and June 21, 2012,

Now, upon reading and filing the affirmation of James L. Sonneborn, Esq., dated November 29, 2012, and the affidavit of Danielle M. Salvagni sworn to November 29, 2012, the notice of motion with proof of service thereof, and the affirmation of Kevin R. Van Duser, Esq., dated December 5, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered March 14, 2012, is granted and appellant shall perfect that appeal on or before January 16, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered June 21, 2012, is granted to the extent that the ordering paragraph of the order of this Court entered October 18, 2012, is hereby amended by deleting the date December 17, 2012, and inserting in its place the date January 16, 2013.

Entered: December 11, 2012

Frances E. Cafarell, Clerk