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

DOCKET NO. CA 16-01657
DOCKET NO. CA 16-01658

TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, V CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC VASCULAR, INC., MEDTRONIC USA, INC., MEDTRONIC SOFAMOR DANEK USA, INC., ARI FLEET LT, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, V CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC USA, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appellants Christopher J. Cesareo, Medtronic, Inc., and Medtronic USA, Inc. having moved to consolidate the appeals and for an extension of time to perfect their appeals taken herein from an order and an amended order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 23, 2015 (appeal No. 1), December 4, 2015 (appeal No. 2), and June 8, 2016 (appeal No. 3),

Now, upon reading and filing the affirmation of Carmen Beauchamp Ciparick, Esq., dated November 10, 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 insofar as it seeks to consolidate the appeals is granted, and the appeals from the order and amended orders entered October 23, 2015, December 4, 2015, and June 8, 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 to the extent that the ordering paragraph of the order of this Court entered October 3, 2016, as it relates to appellants Christopher J. Cesareo, Medtronic, Inc., and Medtronic USA, Inc. is hereby amended by deleting the date December 2, 2016, and inserting in its place the date January 31, 2017.

Entered: November 22, 2016

Frances E. Cafarell, Clerk