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

DOCKET NO. CA 16-01332
DOCKET NO. CA 17-00700
DOCKET NO. CA 17-00701

JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, V MELISSA NEAL, DEFENDANT-APPELLANT. (APPEAL NO. 1.) JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, V MELISSA NEAL, DEFENDANT-APPELLANT. (APPEAL NO. 2.) JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, V MELISSA NEAL, DEFENDANT-APPELLANT. (APPEAL NO. 3.)

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 Erie on May 12, 2016 (appeal No.1 ), to consolidate that appeal with the appeals taken from orders of the same Court entered October 21, 2016 (appeal No. 2), and February 3, 2017, for permission to proceed as a poor person on the appeals, for assignment of counsel for the appeals, and for other relief,

Now, upon reading and filing the affidavits of Melissa Neal sworn to March 17, 2017, and April 7, 2017, the notice of motion with proof of service thereof, and the affidavit of Kelly A. Feron, Esq., sworn to April 12, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 1 is granted, on the condition that appellant perfect appeal No. 1 on or before June 23, 2017, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered May 12, 2016, October 21, 2016, and February 3, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied, and the motion is otherwise denied.

Memorandum: Assignment of counsel is not available.

Entered: April 24, 2017

Frances E. Cafarell, Clerk