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

DOCKET NO. CA 12-02159
DOCKET NO. CA 12-02160

DAVID SHUMWAY AND CATHY SHUMWAY, PLAINTIFFS-APPELLANTS, V JUSTIN KELLEY, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) DAVID SHUMWAY AND CATHY SHUMWAY, PLAINTIFFS-APPELLANTS, V JUSTIN KELLEY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on March 12, 2012 (appeal No. 1), and having moved to consolidate the appeal from the order entered March 12, 2012, with the appeal taken herein from a judgment of Supreme Court entered in the Office of the Clerk of the County of Genesee on October 23, 2012 (appeal No. 2),

Now, upon reading and filing the affirmation of E. Robert Fussell, Esq., dated November 17, 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 an extension of time to perfect the appeal from the order entered March 12, 2012, is granted and appellants shall perfect the appeal on or before February 21, 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 to consolidate the appeals is granted and the appeals from the order entered March 12, 2012, and the judgment entered October 23, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 12, 2012

Frances E. Cafarell, Clerk