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

DOCKET NOS. CA 12-01237 AND CA 12-01238

MELISSA MANISCALCO, PLAINTIFF-RESPONDENT, V PHILIP MANISCALCO, DEFENDANT-APPELLANT.

Respondent having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 26, 2012, and June 28, 2012, on the ground that appellant has failed to perfect timely the appeals, and

Appellant having cross-moved for an extension of time to perfect the appeals taken herein from the order and judgment entered June 26, 2012, and June 28, 2012, and other relief,

Now, upon reading and filing the affidavit of Kelly A. Feron, Esq., sworn to November 12, 2012, the affirmations of Carl. B. Kustell, Esq., dated December 6, 2012, and December 13, 2012, the notices of motion and cross motion, with proof of service thereof, and the affidavit of Katie M. Poleon, Esq., sworn to December 13, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before January 17, 2013, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: December 18, 2012

Frances E. Cafarell, Clerk