PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-00251

IN THE MATTER OF THE GERRY HOMES, PETITIONER-RESPONDENT-APPELLANT, V TOWN OF ELLICOTT, ASSESSOR FOR THE TOWN OF ELLICOTT, BOARD OF ASSESSMENT REVIEW FOR TOWN OF ELLICOTT, RESPONDENTS-APPELLANTS-RESPONDENTS.

Petitioner having moved to dismiss respondents' appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on June 11, 2015, on the ground that respondents-appellants-respondents failed to perfect timely the appeal or, in the alternative, to consolidate the appeal and the cross appeal and for an extension of time to perfect its cross appeal,

Now, upon reading and filing the affidavit of Craig R. Bucki, Esq., sworn to February 16, 2016, the notice of motion with proof of service thereof, and the affidavit of Katherine E. Gavett, Esq., sworn to February 26, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and respondents-appellants-respondents' appeal is dismissed without further order unless the appeal is perfected on or before

May 2, 2016, and

It is further ORDERED that the appeal and cross appeal taken from the order entered June 11, 2015 are hereby consolidated for the purposes of perfecting the appeal, and

It is further ORDERED that motion insofar as it seeks an extension of time to perfect the cross appeal is granted, and petitioner shall perfect the cross appeal on or before June 6, 2016, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: March 2, 2016

Frances E. Cafarell, Clerk