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

DOCKET NO. CA 13-01842
DOCKET NO. CA 13-01984

GENE M. SAUNDERSON, SR., THOMAS T. REAGAN, AMY L. REAGAN PLAINTIFFS-APPELLANTS-RESPONDENTS AND NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, PLAINTIFF-RESPONDENT, V MELANIE D. ECKER, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.) GENE M. SAUNDERSON, SR., PLAINTIFF, THOMAS T. REAGAN, AMY L. REAGAN AND NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, V MELANIE D. ECKER, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Plaintiff-appellant Gene M. Saunderson, Sr. having moved and plaintiffs-appellants Thomas T. Reagan and Amy L. Reagan having cross-moved for an extension of time to perfect their appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 10, 2013 (appeal No. 1), and defendant Melanie D. Ecker having cross-moved to consolidate appeal No. 1 with her appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 21, 2013 (appeal No. 2), and for an extension of time to perfect appeals,

Now, upon reading and filing the affirmation of April J. Orlowski, Esq., dated October 15, 2013, the affidavit of Michael Sullivan, Esq., sworn to October 28, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED plaintiffs-appellants' motion and cross motion are granted insofar as they seek an extension of time to perfect appeal No. 1, and plaintiffs-appellants shall perfect their appeals on or before January 14, 2014, and, in the event of failure to so perfect, their appeals are hereby dismissed without further order, and

It is further ORDERED that defendant's cross-motion is granted insofar as it seeks an extension of time to perfect appeal No. 1, and defendant shall perfect appeal No. 1 on or before February 18, 2014, and, in the event of failure to so perfect, that appeal is hereby dismissed without further order, and

It is further ORDERED that defendant's cross-motion is dismissed as premature insofar as it seeks an extension of time to perfect appeal No. 2 (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that defendant's cross-motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered January 10, 2013, and October 21, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: November 15, 2013

Frances E. Cafarell, Clerk