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

DOCKET NO. CA 12-02362

IN THE MATTER OF JASON SYKES, MARC MARTINEZ, TODD FADDOUL AND SHAWN ARNDT, PETITIONERS-RESPONDENTS, V CITY OF NIAGARA FALLS, RESPONDENT-APPELLANT.

Petitioners-respondents having moved to dismiss the appeal taken herein from a judgment (denominated order) of the Supreme Court entered in the Office of the Clerk of the County of Niagara on September 11, 2012, on the ground that respondent-appellant has failed to perfect timely the appeal, and

Respondent-appellant having cross-moved to consolidate the appeal taken herein from the judgment entered September 11, 2012, with the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 26, 2012,

Now, upon reading and filing the affidavit of Edward P. Perlman, Esq., sworn to December 11, 2012, the affirmation of Christopher M. Mazur, Esq., dated December 21, 2012, and the notices of motion and cross 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 dismiss the appeal taken from the judgment entered September 11, 2012, is granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 25, 2013, and

It is further ORDERED that the cross motion is dismissed (see CPLR 5701 [b] [1]).

Entered: January 23, 2013

Frances E. Cafarell, Clerk