PRESENT: SMITH, J.P., CENTRA, PERADOTTO, SCONIERS, AND VALENTINO, JJ.

DOCKET NO. CA 15-00590
DOCKET NO. CA 15-00718
DOCKET NO. CA 15-001035

CATHERINE M. HEARY, PLAINTIFF-RESPONDENT, V DENISE HIBIT AND ERIK M. HIBIT, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) CATHERINE M. HEARY, PLAINTIFF-RESPONDENT, V DENISE HIBIT AND ERIK M. HIBIT, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) CATHERINE M. HEARY, PLAINTIFF-APPELLANT, V DENISE HIBIT AND ERIK M. HIBIT, DEFENDANTS-RESPONDENTS. (APPEAL NO. 3.)

Defendants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 4, 2015 (appeal No. 2.), and

Plaintiff having cross-moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 21, 2014 (appeal No. 1), February 4, 2015 (appeal No. 2), and May 26, 2015 (appeal No. 3),

Now, upon reading and filing the affidavit of Norman E.S. Greene, Esq., sworn to June 11, 2015, the affirmation of Sarah P. Rera, Esq., dated June 16, 2015, the notices of motion and cross motion with proof of service thereof, and the affidavit of George W. Collins, Jr., Esq., sworn to June 18, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted, and defendants shall perfect the appeal on or before August 14, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is denied.

Entered: July 16, 2015

Frances E. Cafarell, Clerk