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

DOCKET NO. CA 17-00307
DOCKET NO. CA 17-00790

IN THE MATTER OF WILLIAM JAQUISH AND VIRGINIA JAQUISH, PETITIONERS-APPELLANTS, V TOWN BOARD OF TOWN OF GERMAN FLATTS AND TOWN OF GERMAN FLATTS, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.) IN THE MATTER OF WILLIAM JAQUISH AND VIRGINIA JAQUISH, PETITIONERS-APPELLANTS-RESPONDENTS, V TOWN BOARD OF TOWN OF GERMAN FLATTS AND TOWN OF GERMAN FLATTS, RESPONDENTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Petitioners having moved to consolidate the appeals taken herein from a judgment and order and an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on November 4, 2016 (appeal No. 1), and March 20, 2017 (appeal No. 2), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Audrey B. Dunning, Esq., sworn to April 24, 2017, the affidavit of William Jaquish and Virginia Jaquish sworn to April 22, 2017, the notice of motion with proof of service thereof, and the affidavit of Michael J. Moore, Esq., sworn to May 4, 2017, 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 judgment and order and order entered November 4, 2016, and March 20, 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 an extension of time to perfect appeal No. 1 is granted to the extent that the second ordering paragraph of the order of this Court entered February 21, 2017, is hereby amended by deleting the date April 24, 2017, and inserting in its place the date June 23, 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: May 8, 2017

Frances E. Cafarell, Clerk