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

DOCKET NO. CA 18-00009
DOCKET NO. CA 18-01059
DOCKET NO. KAH 18-00160

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V DANIEL J., RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V DANIEL J., RESPONDENT-APPELLANT. (APPEAL NO. 2.) THE PEOPLE OF THE STATE OF NEW YORK EX REL. DANIEL J., PETITIONER-APPELLANT, V JAMES P. THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. (APPEAL NO. 3.)

Appellant 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 21, 2017 (appeal No. 1), April 17, 2018 (appeal No. 2), and September 21, 2017 (appeal No. 3), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Paul B. Watkins, Esq., dated October 23, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate appeal Nos. 1 and 2 is granted, and those appeals are hereby consolidated for the purposes of perfecting and arguing those appeals, and

It is further ORDERED that the motion is denied insofar as it seeks to consolidate appeal No. 3 with appeal Nos. 1 and 2, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is granted, and appellant shall perfect the appeals on or before December 21, 2018, and, in the event of failure to so perfect any such appeal, that appeal is hereby dismissed without further order.

Entered: November 13, 2018

Mark W. Bennett, Clerk