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

DOCKET NO. CA 15-01524
DOCKET NO. CA 15-01525

KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES, PLAINTIFF-RESPONDENT, V AMY BERNSTEIN, DEFENDANT AND RICHARD BERNSTEIN, DEFENDANT-APPELLANT. AMY BERNSTEIN, THIRD-PARTY PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. RICHARD BERNSTEIN, THIRD-PARTY PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. (APPEAL NO. 1) KERRY A. DONOHUE FORMERLY KNOWN AS KERRY A. IVES, PLAINTIFF-RESPONDENT, V AMY BERNSTEIN, DEFENDANT AND RICHARD BERNSTEIN, DEFENDANT-APPELLANT. AMY BERNSTEIN, THIRD-PARTY PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. RICHARD BERNSTEIN, THIRD-PARTY PLAINTIFF, V MALACHI DONOHUE, DAVID BECKER, AND CHARLES BAKER, THIRD-PARTY DEFENDANTS. (APPEAL NO. 2.)

Appellant 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 Cattaraugus on December 2, 2014 (appeal No. 1), and July 23, 2015 (appeal No. 2),

Now, upon reading and filing the affidavit of Melissa L. Vincton, Esq., sworn to August 24, 2015, 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, and the appeals from the orders entered December 2, 2014, and July 23, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that motion insofar as it seeks an extension of time to perfect he appeal No. 1 is granted, and appellant shall perfect appeal No. 1 on or before November 13, 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 motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Frances E. Cafarell, Clerk