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

DOCKET NO. CA 17-01430

JONMARK CORPORATION DOING BUSINESS AS PREMIUM WINE & SPIRITS, PLAINTIFF-APPELLANT, V NEW YORK STATE LIQUOR AUTHORITY AND ADDYS WINE AND SPIRITS, INC., DEFENDANTS-RESPONDENTS.

Respondent Addys Wine and Spirits, Inc. having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 8, 2017, on the ground that appellant failed to perfect timely the appeals, and appellant having cross-moved for an extension of time to perfect the appeals and to consolidate the appeals,

Now, upon reading and filing the affidavit of Mark P. Della Posta, Esq., sworn to August 4, 2017, the affirmation of Matthew D. Miller, Esq., dated August 11, 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 respondent Addys Wine and Spirits, Inc.'s motion is granted, and the appeals, as they relate to respondent Addys Wine and Spirits, Inc., are dismissed without further order unless the appeals are perfected on or before September 29, 2017, and

It is further ORDERED that appellant's cross motion insofar as it seeks an extension of time to perfect the appeals is dismissed as unnecessary, and

It is further ORDERED that appellant's cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the order entered May 8, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: August 21, 2017

Frances E. Cafarell, Clerk