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

DOCKET NO. CA 16-01817
DOCKET NO. CA 17-00055

STEPHEN T. DIVITO, PLAINTIFF-APPELLANT, V SHANNON B. MEEGAN, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) STEPHEN T. DIVITO, PLAINTIFF-APPELLANT, V SHANNON B. MEEGAN, 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 Monroe on January 19, 2016 (appeal No. 1), and August 4, 2016 (appeal No. 2),

Now, upon reading and filing the affirmation of Frank A. Aloi, Esq., dated January 5, 2017, the notice of motion with proof of service thereof, and the affirmation of Frank J. Fields, Esq., dated January 11, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from orders entered

January 19, 2016, and August 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 October 31, 2016, is hereby amended by deleting the date January 9, 2017, and inserting in its place the date March 10, 2017, 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: January 23, 2017

Frances E. Cafarell, Clerk