PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

DOCKET NO. CA 14-01247
DOCKET NO. CA 14-01395

AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC, PLAINTIFF-RESPONDENT, V AJC PROPERTIES LLC, ET AL., DEFENDANTS, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS, ANGELINE C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC, PLAINTIFF-RESPONDENT, V AJC PROPERTIES LLC, ET AL., DEFENDANTS, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS, ANGELINE C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 1, 2014 (appeal No. 2), on the ground that appellants failed to perfect timely the appeal, and

Appellants having cross-moved to consolidate the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 7, 2014 (appeal No. 1), with the appeal taken from the order and judgment entered May 1, 2014 (appeal No. 2), and

Now, upon reading and filing the affirmation of Brendan H. Little, Esq., dated July 31, 2014, the affirmation of Arthur J. Giacoalone, Esq., dated August 7, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion is granted, and the appeal taken from the order entered May 1, 2014, is dismissed without further order unless the appeal is perfected on or before October 27, 2014, and

It is further ORDERED that appellants' cross motion is granted, and the appeals from the order and the order and judgment entered April 7, 2014, and May 1, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: August 27, 2014

Frances E. Cafarell, Clerk