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

DOCKET NO. CA 15-01944

DAMON GLOVER, PLAINTIFF-APPELLANT, V TOWN OF WEST SENECA, DESTRO & BROTHERS CONCRETE COMPANY, INC., DEFENDANTS-RESPONDENTS, PROFESSIONAL TREE CARE, INC., DEFENDANT-APPELLANT, MARC RINOW, DEFENDANT.

Respondents having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 15, 2015, on the ground that appellants failed to perfect timely the appeals, and defendant-appellant having cross-moved to consolidate the appeals,

Now, upon reading and filing the affidavit of Susan A. Eberle, Esq., sworn to November 18, 2015, the affirmations of Leo T. Fabrizi, Esq., dated November 25, 2015, the notices of motion and cross motion with proof of service thereof, and the affidavit of Jeanne M. Vinal, Esq., sworn to November 24, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that respondents' motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before February 8, 2016, and

It is further ORDERED that the cross motion is granted, and the appeals from the order entered July 15, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 7, 2015

Frances E. Cafarell, Clerk