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

DOCKET NO. CA 17-00477
DOCKET NO. CA 17-00478

FRANCIS X. SMITH AND CHERYL SMITH, PLAINTIFFS-RESPONDENTS, V VILLAGE OF ARCADE, TOWN OF ARCADE, ARCADE FIRE DEPARTMENT, INC. ALSO KNOWN AS VILLAGE OF ARCADE FIRE DEPARTMENT, DEFENDANTS-RESPONDENTS, AND DONALD J. SAULTER, JR., DEFENDANT-APPELLANT. (APPEAL NO. 1.) FRANCIS X. SMITH AND CHERYL SMITH, PLAINTIFFS, V VILLAGE OF ARCADE, ARCADE FIRE DEPARTMENT, INC. ALSO KNOWN AS VILLAGE OF ARCADE FIRE DEPARTMENT, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT, DONALD J. SAULTER, JR., DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 7, 2016 (appeal No. 1), and to consolidate that appeal with an appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on February 2, 2017 (appeal No. 2),

Now, upon reading and filing the affirmation of Aalok J. Karambelkar, Esq., dated March 7, 2017, the notice of motion with proof of service thereof, and the affidavit of Erin M. Brady Swenson, Esq., sworn to March 23, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the dismissal of appeal No. 1 is vacated and the appeals from the orders entered March 7, 2016, and February 2, 2017, are consolidated, on the condition that appellant perfects both appeals on or before May 30, 2017.

Entered: March 30, 2017

Frances E. Cafarell, Clerk