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

DOCKET NO. CA 15-00380
DOCKET NO. CA 15-00381

ADAM GIACOMETTI, PLAINTIFF, V JACOB B. FARRELL, ET AL., DEFENDANTS. COUNTY OF ERIE AND BUFFALO BILLS, INC., THIRD-PARTY PLAINTIFFS, V CONTEMPORARY SERVICES CORPORATION, THIRD-PARTY DEFENDANT, EXECUTIVE SECURITY MANAGEMENT, INC. DOING BUSINESS AS THE APEX GROUP, THIRD-PARTY DEFENDANTS. ADAM GIACOMETTI, PLAINTIFF-RESPONDENT-APPELLANT, V CONTEMPORARY SERVICES, DEFENDANT, EXECUTIVE SECURITY MANAGEMENT, INC. DOING BUSINESS AS THE APEX GROUP, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.) ADAM GIACOMETTI, PLAINTIFF, V JACOB B. FARRELL, ET AL., DEFENDANTS. COUNTY OF ERIE AND BUFFALO BILLS, INC., THIRD-PARTY PLAINTIFFS, V CONTEMPORARY SERVICES CORPORATION, THIRD-PARTY DEFENDANT, EXECUTIVE SECURITY MANAGEMENT, INC. DOING BUSINESS AS THE APEX GROUP, THIRD-PARTY DEFENDANTS. ADAM GIACOMETTI, PLAINTIFF-RESPONDENT-APPELLANT, V CONTEMPORARY SERVICES, DEFENDANT, EXECUTIVE SECURITY MANAGEMENT, INC. DOING BUSINESS AS THE APEX GROUP, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.)

Defendant Executive Security Management, Inc., doing business as The Apex Group, 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 Erie on June 30, 2014 (appeal No. 1), and October 21, 2014 (appeal No. 2), and

Plaintiff having cross-moved to consolidate the appeals from the orders entered June 30, 2014, and October 21, 2014, and for an extension of time to file and serve a brief and to perfect his appeals,

Now, upon reading and filing the affidavit of Vincent G. Saccomando, Esq., sworn to February 20, 2015, the affidavit of Carrie L. Smith, Esq., sworn to February 27, 2015, 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 the motion of defendant Executive Security Management, Inc., doing business as The Apex Group, and the cross motion of plaintiff are granted insofar as they seek to consolidate the appeals, and the appeals from the orders entered June 30, 2014, and October 21, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that plaintiff's cross motion is dismissed as premature insofar as it seeks an extension of time to file and serve a respondent's brief on the appeals and to perfect appeal No. 2 (see 22 NYCRR 1000.2 [d]; 1000.13 [f]), and

It is further ORDERED that plaintiff's cross motion is granted insofar as it seeks an extension of time to perfect appeal No. 1, and plaintiff shall perfect the appeal on or before June 26, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 16, 2015

Frances E. Cafarell, Clerk