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

DOCKET NO. CA 16-02060
DOCKET NO. CA 16-02061

KRISTEN SMITH KNOWN NOW AS KRISTEN BURGEOIS, PLAINTIFF-APPELLANT, V TRAVELERS CASUALTY AND SURETY COMPANY, DEFENDANT-RESPONDENT AND HSBC MORTGAGE CORPORATION USA, DEFENDANT. (APPEAL NO. 1.) KRISTEN SMITH KNOWN NOW AS KRISTEN BURGEOIS, PLAINTIFF-APPELLANT, V TRAVELERS CASUALTY AND SURETY COMPANY, DEFENDANT-RESPONDENT AND HSBC MORTGAGE CORPORATION USA, DEFENDANT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals and for an extension of time to perfect the appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 15, 2016 (appeal No. 1), and June 22, 2016 (appeal No. 2), and respondent having cross-moved to dismiss for failure to perfect timely the appeals,

Now, upon reading and filing the affidavit of Gustave J. DeTraglia, Jr., Esq., sworn to November 3, 2016, the affidavit of Michele E. DeTraglia, Esq., sworn to November 18, 2016, the affidavit of Anthony G. Marecki, Esq., sworn to November 15, 2016, and the notices of motion and cross motion with proof of service thereon, 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 March 15, 2016, and June 22, 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 the appeals is granted, and appellant shall perfect the appeals on or before January 20, 2017, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the cross motion insofar as it seeks to dismiss the appeals is denied.

Entered: November 21, 2016

Frances E. Cafarell, Clerk