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

DOCKET NO. CA 16-00194

DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 1.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 2.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, V NEW YORK STATE URBAN DEVELOPMENT CORPORATION DOING BUSINESS AS EMPIRE STATE DEVELOPMENT, ERIE CANAL HARBOR DEVELOPMENT CORPORATION, SAM HOYT, THOMAS DEE, AND MARK E. SMITH, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.)

Appellant 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 Erie on April 24, 2015, and having moved to consolidate the appeals,

Now, upon reading and filing the affirmation of Daniel W. Isaacs, Esq., dated April 6, 2016, 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 insofar as it seeks an extension of time to perfect the appeal to the extent that the ordering paragraph of the order of this Court entered February 9, 2016, is hereby amended by deleting the date April 11, 2016, and inserting in its place the date June 10, 2016, and

It is further ORDERED that the motion is dismissed insofar as it seeks to consolidate the appeals on ground that it is unnecessary.

Entered: April 18, 2016

Frances E. Cafarell, Clerk