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

DOCKET NO. CA 17-02195
DOCKET NO. CA 18-00706

CELLINO & BARNES, PC, PLAINTIFF-RESPONDENT, V BRIAN CHAPIN YORK, DEFENDANT-APPELLANT. (APPEAL NO. 1.) CELLINO & BARNES, PC, PLAINTIFF-RESPONDENT, V BRIAN CHAPIN YORK, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 29, 2017 (appeal No. 1), and January 8, 2018 (appeal No. 2), and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Brian Chapin York, Esq., dated April 17, 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 insofar as it seeks to consolidate the appeals is granted, and the appeals from the order and the judgment entered September 29, 2017, and January 8, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered February 23, 2018, is hereby amended by deleting the date April 24, 2018, and inserting in its place the date July 23, 2018, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: May 14, 2018

Mark W. Bennett, Clerk