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

DOCKET NO. CA 16-01352
DOCKET NO. CA 16-01353

JASON KIRCHNER, PLAINTIFF-APPELLANT, V COUNTY OF NIAGARA, CLAUDETTE CALDWELL, COUNTY OF ERIE, JAMES J. WOYTASH, M.D., AND UNIVERSITY OF BUFFALO PATHOLOGISTS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) JASON KIRCHNER, PLAINTIFF-APPELLANT, V COUNTY OF NIAGARA, CLAUDETTE CALDWELL, COUNTY OF ERIE, JAMES J. WOYTASH, M.D., AND UNIVERSITY OF BUFFALO PATHOLOGISTS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 29, 2015 (appeal No., 1), and April 25, 2016 (appeal No. 2), and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Rebecca M. Kujawa, Esq., dated August 3, 2016, the notice of motion with proof of service thereof, the affirmation of Matthew J. Kibler, Esq., dated August 11, 2016, the affirmation of Linda Lalli Stark, Esq., dated Auguast 12, 2016, and the affidavit of Elizabeth M. Bergen, Esq., sworn to August 12, 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 29, 2015, and April 25, 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, and appellant shall perfect the appeal on or before October 17, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, 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]).

Entered: August 16, 2016

Frances E. Cafarell, Clerk