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

DOCKET NO. CA 18-00604
DOCKET NO. CA 18-00605

IN THE MATTER OF M.B., PETITIONER-APPELLANT, V NEW YORK STATE OFFICE OF MENTAL HEALTH, ERIE COUNTY MEDICAL CENTER, BRYLIN HOSPITAL, CRISIS SERVICES, LAKE SHORE BEHAVIORAL HEALTH, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.) IN THE MATTER OF M.B., PETITIONER-APPELLANT, V NEW YORK STATE OFFICE OF MENTAL HEALTH, ERIE COUNTY MEDICAL CENTER, BRYLIN HOSPITAL, CRISIS SERVICES, LAKE SHORE BEHAVIORAL HEALTH, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from an order and a judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 29, 2018 (appeal No. 1), and March 6, 2018 (appeal No. 2), and respondent New York State Office of Mental Health having cross-moved to dismiss appeal No. 1 on the ground that the appeal is subsumed by appeal No. 2,

Now, upon reading and filing the affidavit of M.B. sworn to April 18, 2018, the affirmation of Allyson B. Levine, Esq., dated May 3, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks consolidation of the appeals is granted, and the appeals from the order and the judgment (denominated "decision and order") entered January 29, 2018, and March 6, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that respondent's cross motion is denied without prejudice

and leave to renew any arguments in support of or in opposition to such relief in the parties' briefs and at oral argument.

Entered: May 21, 2018

Mark W. Bennett, Clerk