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

DOCKET NO. CA 13-01445
DOCKET NO. CA 13-01495

JENNIFER L. RECH, PLAINTIFF-RESPONDENT, V MICHAEL B. RECH, DEFENDANT-APPELLANT. (APPEAL NO. 1.) JENNIFER L. RECH, PLAINTIFF-RESPONDENT, V MICHAEL B. RECH, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 17, 2013 (appeal No. 1), on the ground that appellant failed to perfect timely the appeal, and

Appellant having cross-moved to consolidate the appeal taken from the order entered April 17, 2013, and the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 25, 2013 (appeal No. 2),

Now, upon reading and filing the affirmations of Matthew M. Piston, Esq., dated August 14, 2013, and August 23, 2013, the affidavit of Gerald T. Walsh, Esq., sworn to August 22, 2013, 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 appeal No. 1 is granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 18, 2013, and

It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is granted and the appeals taken from an order and a judgment entered April 17, 2013, and July 25, 2013, respectively, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: September 17, 2013

Frances E. Cafarell, Clerk