PRESENT: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.

DOCKET NO. CA 18-01061
DOCKET NO. CA 18-01062

STACHE INVESTMENTS CORPORATION, PLAINTIFF-RESPONDENT, V LEONARD CIOLEK, DEFENDANT-APPELLANT. (APPEAL NO. 1.) STACHE INVESTMENTS CORPORATION, PLAINTIFF-RESPONDENT, V LEONARD CIOLEK, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Respondent having moved to dismiss the appeals taken herein from an order and judgment and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 13, 2018 (appeal No. 1), and April 19, 2018 (appeal No. 2),

Now, upon reading and filing the affirmation of David J. Rudroff, Esq., dated June 5, 2018, the notice of motion with proof of service thereof, and the affirmation of Joseph G. Makowski, Esq., dated June 14, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seek dismissal of appeal No. 1 as subsumed by the judgment in appeal No. 2 without prejudice and leave to renew any arguments in support of or in opposition to this aspect of the motion in the parties' briefs and at oral argument, and

It is further ORDERED that the motion is granted insofar as it seeks to dismiss appeal No. 1 for failing to perfect timely the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before September 17, 2018, and

It is further ORDERED that the motion is dismissed as premature insofar as it seeks to dismiss appeal No. 2 for failing to perfect timely the appeal (see 22 NYCRR 1000.12 [a]).

Entered: July 18, 2018

Mark W. Bennett, Clerk