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

DOCKET NO. CA 18-01647
DOCKET NO. CA 18-01648
DOCKET NO. 18-01589
DOCKET NO. CA 18-01649
DOCKET NO. CA 18-01650

SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-RESPONDENT, V JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT, ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-APPELLANT, V JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, ERIE COUNTY SOIL & WATER CONSERVATION DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-APPELLANT, V JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, WYOMING COUNTY SOIL & WATER CONSERVATION DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 3.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-APPELLANT, V JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, AND TOWN OF WEST SENECA, DEFENDANT-RESPONDENT. (APPEAL NO. 4.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-RESPONDENT, V JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, COUNTY OF ERIE, DEFENDANT-APPELLANT. (APPEAL NO. 5.)

Defendant Wyoming County Soil & Water Conservation District havin moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 16, 2018 (appeal No. 3), on the ground that appellant failed to perfect timely the appeal within 60 days of service, and defendant Joint Board of Directors of Erie-Wyoming County Soil Conservation District also known as Erie-Wyoming Joint Watershed Board 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 March 29, 2018 (appeal No. 1.), April 10, 2018 (appeal No. 2.), April 16, 2018 (appeal No. 3), April 26, 2018 (appeal No. 4), and June 22, 2018 (appeal No. 5), and for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affirmation of Philip C. Barth, III, Esq., dated August 29, 2018, the affidavits of Mark P. Della Posta, Esq., sworn to September 6, 2018, and September 14, 2018, the notices of motion with proof of service thereof, and the affirmation of William A. Quinlan, Esq., dated September 13, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that defendant Wyoming County Soil & Water Conservation District's motion insofar as it seeks to dismiss appeal No. 3 is dismissed on the ground that the Uniform Rules of Practice do not authorize such a motion, and

It is further ORDERED that defendant Joint Board of Directors of Erie-Wyoming County Soil Conservation District also known as Erie-Wyoming Joint Watershed Board's motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered March 29, 2018, April 10, 2018, April 16, 2018, April 26, 2018, and June 22, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that defendant Joint Board of Directors of Erie-Wyoming County Soil Conservation District also known as Erie-Wyoming Joint Watershed Board's motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, and the moving defendant shall perfect its appeal on or before November 16, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 17, 2018

Mark W. Bennett, Clerk