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

DOCKET NO. CA 17-01826
DOCKET NO. CA 17-02165
DOCKET NO. CA 17-02166

HENDERSON HARBOR MARINERS' MARINA, INC., AND MARLA COHEN, PLAINTIFFS-RESPONDENTS, V IFS LISBON-ASSET ADVISORY SERVICES, LLC, AND TIMOTHY MCELDUFF, DEFENDANTS, UPSTATE NATIONAL BANK, DEFENDANT-APPELLANT. (APPEAL NO. 1.) HENDERSON HARBOR MARINERS' MARINA, INC. AND MARLA COHEN, PLAINTIFFS-RESPONDENTS, V UPSTATE NATIONAL BANK, DEFENDANT-APPELLANT. (APPEAL NO. 2.) HENDERSON HARBOR MARINERS' MARINA, INC. AND MARLA COHEN, PLAINTIFFS-RESPONDENTS, V UPSTATE NATIONAL BANK, DEFENDANT-APPELLANT. (APPEAL NO. 3.)

Appellant having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 9, 2017 (appeal No. 1), August 11, 2017 (appeal No. 2), and November 3, 2017 (appeal No. 3), and having moved for an extension of time to perfect appeal Nos. 2 and 3,

Now, upon reading and filing the affidavit of Alan R. Peterman, Esq., sworn to March 2, 2018. the notice of motion with proof of service thereof, and the affidavit of Timothy J. Fennell, Esq., sworn to March 9, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion denied insofar as it seeks to consolidate the three appeals on the ground that appeal No. 1 was argued on March 1, 2018, and

It is further ORDERED that the motion is dismissed as unnecessary insofar as it seeks to consolidate appeal Nos. 2 and 3 on the ground that the appeals have been consolidated by order of this Court entered January 10, 2018, and

It is further ORDERED that the motion is insofar as it seeks an extension of time to perfect appeal Nos. 2 and 3, is dismissed as unnecessary.

Entered: April 5, 2018

Mark W. Bennett, Clerk