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

DOCKET NO. CA 17-01811
DOCKET NO. CA 17-01812

DANIEL MANCUSO, AS EXECUTOR OF THE ESTATE OF ROSE M. KIJ, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1) DANIEL MANCUSO, AS EXECUTOR OF THE ESTATE OF ROSE M. KIJ, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 17, 2017 (appeal No. 1), and October 13, 2017 (appeal No. 2), and for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affirmation of Michael J. Willett, Esq., dated October 16, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the judgment and the order entered January 17, 2017, and October 13, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 1, and appellant shall perfect the appeal on or before December 18, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 30, 2017

Mark W. Bennett, Clerk