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

DOCKET NO. CA 12-01496
DOCKET NO. CA 13-00996

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V ANTHONY NERVINA, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V ANTHONY NERVINA, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Orleans on July 17, 2012 (appeal No. 1), and May 8, 2013 (appeal No. 2), and having moved for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affirmation of Mark C. Davison, Esq., dated September 13, 2013, 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 to consolidate the appeals is granted and the appeals from the orders July 17, 2012, and May 8, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered July 16, 2013, is hereby amended by deleting the date September 13, 2013, and inserting in its place the date November 22, 2013.

Memorandum: No further extensions of time to perfect appeal No. 1 will be granted.

Entered: October 1, 2013

Frances E. Cafarell, Clerk