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

DOCKET NO. CA 18-01443
DOCKET NO. CA 18-01444
DOCKET NO. CA 18-01445

BAYVIEW LOAN SERVICING, LLC., PLAINTIFF-APPELLANT, V GERARD A. STRAUSS, ET AL., DEFENDANTS, DARYL R. FOX, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) BAYVIEW LOAN SERVICING, LLC., PLAINTIFF-APPELLANT, V GERARD A. STRAUSS, ET AL., DEFENDANTS, DARYL R. FOX, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) BAYVIEW LOAN SERVICING, LLC., PLAINTIFF-APPELLANT, V GERARD A. STRAUSS, ET AL., DEFENDANTS, DARYL R. FOX, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)

Appellant having moved to vacate the dismissal of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 7, 2017 (appeal No. 1.), and August 15, 2017 (appeal No. 2), for an extension of time to perfect the appeal taken from an order of the same Court entered in the Office of the Clerk of the County of Erie on October 12, 2017 (appeal No. 3), and to consolidate the appeals,

Now, upon reading and filing the affirmation of Rajdai D. Singh, Esq., dated August 1, 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 is granted insofar as it seeks to vacate dismissal of appeal Nos. 1 and 2, on the condition that appellant perfects the appeals on or before November 16, 2018, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 3 is granted, and appellant shall perfect the appeal on or before November 16, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered June 7, 2017, August 15, 2017, and October 12, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: September 17, 2018

Mark W. Bennett, Clerk