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

DOCKET NO. CA 16-00096
DOCKET NO. CA 16-00967

MICHAEL A. SERRANO, PLAINTIFF-APPELLANT, V THOMAS A. GILRAY, JR., CENTRAL TERMINAL RESTORATION CORPORATION, DEFENDANTS, CORPUS CHRISTI CHURCH, DEFENDANT-RESPONDENT, CORPUS CHRISTI SOCIAL AND ATHLETIC CLUB, INC., AND MARCY A. SHEEHAN, DEFENDANTS. (APPEAL NO. 1.) MICHAEL A. SERRANO, PLAINTIFF-APPELLANT, V THOMAS A. GILRAY, JR., ET AL., DEFENDANTS, MARCY A. SHEEHAN, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals and for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 8, 2015 (appeal No. 1), and April 4, 2016 (appeal No. 2),

Now, upon reading and filing the affirmation of Joseph A. Matteliano, Esq., dated June 2, 2016, the notice of motion with proof of service thereof, the affirmation of Eric S. Bernhardt, Esq., dated June 15, 2016, and the affirmation of Nicholas M. Hrickzko, Esq., dated June 16, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered October 18, 2015, and April 4, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered April 18, 2016, is hereby amended by deleting the date June 10, 2016, and inserting in its place the date September 15, 2016, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Memorandum: No further extensions of time to perfect appeal No. 1 will be granted.

Entered: June 20, 2016

Frances E. Cafarell, Clerk