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

DOCKET NO. CA 14-00025
DOCKET NO. CA 14-00026

DAVID LEATHERS AND BRENDA LEATHERS, PLAINTIFFS-APPELLANTS, V ZAEPFEL DEVELOPMENT COMPANY, INC., TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY, AND NORTHPOINTE COMMERCE PARK, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) DAVID LEATHERS AND BRENDA LEATHERS, PLAINTIFFS-APPELLANTS, V ZAEPFEL DEVELOPMENT COMPANY, INC., TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY, AND NORTHPOINTE COMMERCE PARK, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 25, 2013 (appeal No. 1), and May 8, 2013 (appeal No. 2), and to extend the time to perfect the appeals,

Now, upon reading and filing the affidavit of Lawrence J. Vilardo, Esq., sworn to January 6, 2014, and 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 the appeals, and the appeals from the order and the judgment entered March 25, 2013, and May 8, 2013, 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 appeal No. 1, and appellant shall perfect the appeal on or before February 11, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time to perfect appeal No. 2 (see 22 NYCRR 1000.13 [f]).

Entered: January 28, 2014

Frances E. Cafarell, Clerk