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

DOCKET NO. CA 17-01009
DOCKET NO. CA 17-01010

ALFRED E. EASTON, JR. AND JANET EASTON, PLAINTIFFS-APPELLANTS, V M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. M.A. MORTENSON COMPANY AND HARBORCENTER DEVELOPMENT, LLC, THIRD-PARTY PLAINTIFFS, V PRECAST SERVICES INC., THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) ALFRED E. EASTON, JR. AND JANET EASTON, PLAINTIFFS-APPELLANTS, V M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. M.A. MORTENSON COMPANY AND HARBORCENTER DEVELOPMENT, LLC, THIRD-PARTY PLAINTIFFS, V PRECAST SERVICES INC., THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2016 (appeal No. 1), and April 3, 2017 (appeal No. 2), and respondent Precast Services, Inc. having cross-moved to dismiss appeal No. 2 as untimely taken pursuant to CPLR 5513,

Now, upon reading and filing the affirmations of Alan D. Voss, Esq., dated May 26, 2017, and June 9, 2017, the affirmation of William K. Kennedy, Esq., dated June 8, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion is granted, and the appeals from the orders entered September 19, 2016, and April 3, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that respondent Precast Services Inc.'s cross motion is denied on the ground that appellants' premature notice of appeal is deemed to be a valid notice of appeal from the order entered April 3, 2017 (see CPLR 5520 [c]; Spano v County of Onondaga, 170 AD2d 974).

Entered: June 19, 2017

Frances E. Cafarell, Clerk