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

DOCKET NO. CA 15-00759
DOCKET NO. CA 15-00760
DOCKET NO. CA 15-00761

SHARON JORDAN-PARKER AND CLARK PARKER, PLAINTIFFS-APPELLANTS, V CITY OF BUFFALO, ET AL., DEFENDANTS, DESTRO & BROTHERS CONCRETE COMPANY, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) SHARON JORDAN-PARKER AND CLARK PARKER, PLAINTIFFS-APPELLANTS, V CITY OF BUFFALO, ET AL., DEFENDANTS, DIDONATO ASSOCIATES, P.E., P.C., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) SHARON JORDAN-PARKER AND CLARK PARKER, PLAINTIFFS-APPELLANTS, V CITY OF BUFFALO, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 3.)

Appellants 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 February 25, 2015 (appeal No. 1), March 9, 2015 (appeal No. 2), and March 11, 2015 (appeal No. 3), and

Respondent Destro & Brothers Concrete Company, Inc. having cross-moved to dismiss appeal No. 1 for failure to timely perfect,

Now, upon reading and filing the affidavits of Nathan C. Doctor, Esq., sworn to April 30, 2015, and May 12, 2015, the affidavit of Elizabeth A. Lee, Esq., sworn to May 8, 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 is granted, and the appeals from the orders entered February 25, 2015, March 9, 2015, and March 11, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the cross motion is granted and appeal No. 1 is dismissed without further order unless the appeal is perfected on or before July 27, 2015.

Entered: May 26, 2015

Frances E. Cafarell, Clerk