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

DOCKET NO. CA 15-02019
DOCKET NO. CA 15-02020

IN THE MATTER OF NICHOLAS GRANTO, RICHARD FLECK, KEVIN HENDERSON, AND GEORGE MCDONNELL, PETITIONERS-APPELLANTS, V CITY OF NIAGARA FALLS, RESPONDENT-RESPONDENT. (APPEAL NO. 1.) IN THE MATTER OF NICHOLAS GRANTO, PETITIONER-APPELLANT, RICHARD FLECK, PETITIONER, KEVIN HENDERSON, AND GEORGE MCDONNELL, PETITIONERS-APPELLANTS, V CITY OF NIAGARA FALLS, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

Appellants 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 Niagara on March 2, 2015 (appeal No.1), and having moved to consolidate appeal No. 1 with the appeal taken herein from an order of the same court entered in the Office of the Clerk of the County of Niagara on November 30, 2015 (appeal No. 2),

Now, upon reading and filing the affirmation of Sean J. MacKenzie, Esq., dated December 2, 2015, the notice of motion with proof of service thereof, and the affirmation of Christopher M. Mazur, Esq., dated December 8, 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. 1 is granted, and appellant shall perfect the appeal on or before February 25, 2016, 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 to consolidate the appeal is granted, and the appeals from orders entered March 2, 2015, and November 30, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 15, 2015

Frances E. Cafarell, Clerk