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

DOCKET NO. CA 17-01609
DOCKET NO. CA 18-00625

VILLAGE OF ARKPORT, PLAINTIFF-RESPONDENT, V MARGARET HORAN, DEFENDANT-APPELLANT. (APPEAL NO. 1.) VILLAGE OF ARKPORT, PLAINTIFF-RESPONDENT, V ROBERT MAURO, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant Robert F. Mauro having moved to vacate the dismissal of the appeal (appeal No. 2) taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Steuben on November 17, 2016, and to consolidate his appeal with the appeal taken by Margaret Horan from a judgment of the same court entered November 17, 2016 (appeal No. 1), and to supplement the record with documents necessary for appellant Robert F. Mauro's appeal,

Now, upon reading and filing the affirmation of Andrew J. Roby, Esq., dated March 16, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appellant Robert F. Mauro's appeal is granted on the condition that the stipulated or settled supplemental record for said appeal is filed on or before May 10, 2018, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, on the condition that the stipulated or settled supplemental record for said appeal is filed on or before May 10, 2018.

Entered: April 10, 2018

Mark W. Bennett, Clerk