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

DOCKET NO. CA 18-00041
DOCKET NO. CA 18-00098
DOCKET NO. CA 18-00099

AGNIESZKA CHEN, PLAINTIFF-RESPONDENT, V WILLIAM CHEN, DEFENDANT-APPELLANT. (APPEAL NO. 1.) AGNIESZKA CHEN, PLAINTIFF-RESPONDENT, V WILLIAM CHEN, DEFENDANT-APPELLANT. (APPEAL NO. 2) AGNIESZKA CHEN, PLAINTIFF-RESPONDENT, V WILLIAM CHEN, DEFENDANT-APPELLANT. (APPEAL NO. 3)

Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 10, 2017 (appeal No. 1), on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect appeal No. 1, and to consolidate appeal No. 1 with the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2017 (appeal No. 2), and December 19, 2017 (appeal No. 3),

Now, upon reading and filing the affidavit of Katie M. Poleon, Esq., dated January 4, 2018, the affidavit of William Chen, Esq., sworn to January 17, 2018, 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's motion insofar as it seeks to dismiss appeal No. 1 on the ground that appellant failed to perfect the appeal timely is granted, and appeal No. 1 is dismissed without further order unless the appeal is perfected on or before March 26, 2018, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect appeal No. 1 is dismissed as unnecessary, and

It is further ORDERED the cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered August 10, 2017, November 17, 2017, and December 19, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 23, 2018

Mark W. Bennett, Clerk