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

DOCKET NO. CA 18-00460
DOCKET NO. CA 18-01005

SUSANNE SACK AND DANIEL SACK, PLAINTIFFS-APPELLANTS, V MATTHEW J. PHILLIPS, M.D., UNIVERSITY ORTHOPAEDIC SERVICES, INC., DEFENDANTS-RESPONDENTS, AND DAWN ZAWISLAK, C.S.T., DEFENDANT. (APPEAL NO. 1) SUSANNE SACK AND DANIEL SACK, PLAINTIFFS-APPELLANTS, V MATTHEW J. PHILLIPS, M.D., UNIVERSITY ORTHOPAEDIC SERVICES, INC., DEFENDANTS-RESPONDENTS, AND DAWN ZAWISLAK, C.S.T., DEFENDANT. (APPEAL NO. 2.)

Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 15, 2017 (appeal No. 1.), and February 23, 2018 (appeal No. 2), and for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affirmations of Rebecca M. Kujawa, Esq., dated June 4, 2018, and June 15, 2018, the notice of motion with proof of service thereof, and the affirmation of Lauren A. Heimer, Esq., dated June 13, 2018, 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 orders entered November 15, 2017, and February 23, 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 April 6, 2018, is hereby amended by deleting the date June 5, 2018, and inserting in its place the date August 6, 2018.

Entered: June 18, 2018

Mark W. Bennett, Clerk