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

DOCKET NO CA 16-00336
DOCKET NO. CA 16-01041

JUAN DELGADO, PLAINTIFF-RESPONDENT, V RICK BOKMAN, INC., BOKMAN PROPERTIES, LLC, DEFENDANTS, KESSEL CONSTRUCTION, INC., DEFENDANT-APPELLANT. KESSEL CONSTRUCTION, INC., THIRD-PARTY PLAINTIFF, V REH PROPERTY MAINTENANCE, REX HARPER DOING BUSINESS AS REH PROPERTY MAINTENANCE, THIRD-PARTY DEFENDANTS. (APPEAL NO. 1.) JUAN DELGADO, PLAINTIFF, V RICK BOKMAN, INC., BOKMAN PROPERTIES, LLC, DEFENDANTS-RESPONDENTS, KESSEL CONSTRUCTION, INC., DEFENDANT-APPELLANT. KESSEL CONSTRUCTION, INC., THIRD-PARTY PLAINTIFF-APPELLANT, V REH PROPERTY MAINTENANCE, REX HARPER, DOING BUSINESS AS REH PROPERTY MAINTENANCE, THIRD-PARTY DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Defendants-respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on March 9, 2016 (appeal No. 2), on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved to consolidate appeal No. 2 with the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 21, 2015 (appeal No. 1), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Carlton K. Brownell, III, Esq., dated June 15, 2016, the affidavit of Gerard E. O'Connor, Esq., sworn to June 21, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that defendants-respondents' motion is granted, and appeal No. 2 is dismissed without further order unless the appeal is perfected on or before July 27, 2016, and

It is further ORDERED that appellant's cross motion insofar as it seeks an extension of

time to perfect appeal No. 2 is dismissed as unnecessary, and

It is further ORDERED that appellant's cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered August 21, 2015, and March 9, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that appellant's cross 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 June 14, 2016, is hereby amended by deleting the date July 5, 2016, and inserting in its place the date July 27, 2016.

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

Entered: July 7, 2016

Frances E. Cafarell, Clerk