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

DOCKET NO. CA 13-02238
DOCKET NO. CA 13-02239

RACHEL HECKL, PERSONAL NEEDS GUARDIAN OF AIDA COREY, AN INCAPACITATED INDIVIDUAL, THOMAS J. COREY AND OLIVIA J. COREY, INTERIM CO-PROPERTY GUARDIANS OF AIDA COREY, AN INCAPACITATED INDIVIDUAL, AND PERMCLIP PRODUCTS CORPORATION, PLAINTIFFS-APPELLANTS-RESPONDENTS, V DANIEL M. WALSH, FRANK PANARO, DEFENDANTS-RESPONDENTS, HSBC NORTH AMERICA, INC., HSBC BANK USA N.A., DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) RACHEL HECKL, PERSONAL NEEDS GUARDIAN OF AIDA COREY, AN INCAPACITATED INDIVIDUAL, THOMAS J. COREY AND OLIVIA J. COREY, INTERIM CO-PROPERTY GUARDIANS OF AIDA COREY, AN INCAPACITATED INDIVIDUAL, AND PERMCLIP PRODUCTS CORPORATION, PLAINTIFFS-RESPONDENTS, V DANIEL M. WALSH, FRANK PANARO, DEFENDANTS, HSBC NORTH AMERICA, INC., HSBC BANK USA N.A., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Defendants HSBC North America, Inc. and HSBC Bank USA N.A. having moved to consolidate their cross appeal and appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 10, 2013 (appeal No. 1), and June 18, 2013 (appeal No. 2), and having moved for an extension of time to perfect their appeals,

Now, upon reading and filing the affirmation of Bradley A. Hoppe, Esq., dated December 23, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate defendants HSBC North America, Inc. and HSBC Bank USA N.A. cross appeal and appeal from the orders entered April 10, 2013, and June 18, 2013, and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the cross appeal from the order entered April 10, 2013, and defendants HSBC North America, Inc. and HSBC Bank USA N.A. shall perfect their cross appeal on or before February 24, 2014, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as defendants HSBC North America, Inc. and HSBC Bank USA N.A. seek an extension of time to perfect the appeal from the order entered June 18, 2013, is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: January 24, 2014

Frances E. Cafarell, Clerk