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

DOCKET NO. CA 16-00453
DOCKET NO. CA 16-00459

GREGORY G. GUZEK, PLAINTIFF-APPELLANT, V B & L WHOLESALE SUPPLY, INC., AND ROBERT D. PATKALITSKY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) GREGORY G. GUZEK, PLAINTIFF-APPELLANT, V B & L WHOLESALE SUPPLY, INC., AND ROBERT D. PATKALITSKY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Respondents having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 21, 2015, on the ground that appellant failed to perfect timely the appeals, and appellant having cross-moved for an extension of time to perfect the appeals and to consolidate the appeals,

Now, upon reading and filing the affirmations of Leo T. Fabrizi, Esq., dated March 22, 2016, and April 4, 2016, the notices of motion and cross motion with proof of service thereof, and the affidavit of Martin J. Zuffranieri, Esq., sworn to March 31, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that respondents motions are granted, and the appeals are dismissed without further order unless the appeals are perfected on or before June 13, 2016, and

It is further ORDERED that appellant's cross motion is dismissed as unnecessary insofar as it seeks an extension of time to perfect the appeals, and

It is further ORDERED that appellant's cross motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the judgment and the order entered December 21, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: April 13, 2016

Frances E. Cafarell, Clerk