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

CA 19-00635
CA 19-01052

SNYDER CORP., BEAVER HOLLOW WELLNESS LLC, FRW BEAVER HOLLOW MANAGEMENT, LLC, PLAINTIFFS-APPELLANTS-RESPONDENTS, V FITNESS RIDGE WORLDWIDE, LLC, DEFENDANT-RESPONDENT, FITNESS RIDGE, LLC, DEFENDANT-RESPONDENT-APPELLANT, LAWRENCE S. BOND, LESLEY A. CAREY, DAVID M. MARSHALL, KENNETH M. PRESSBERG, ARI D. BASS, ROGER W. BULLOCH, SCOTT R. BULLOCH, MATTHEW S. HAGLER, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) SNYDER CORP., BEAVER HOLLOW WELLNESS LLC, AND FRW BEAVER HOLLOW MANAGEMENT, LLC, BY BEAVER HOLLOW WELLNESS LLC, A MEMBER, PLAINTIFFS-APPELLANTS, V FITNESS RIDGE WORLDWIDE, LLC, FITNESS RIDGE, LLC, LAWRENCE S. BOND, LESLEY A. CAREY, DAVID M. MARSHALL, KENNETH M. PRESSBERG, ARI D. BASS, SCOTT R. BULLOCH AND MATTHEW S. HAGLER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Plaintiffs having moved to consolidate the appeals taken herein from orders of the Supreme Court, Wyoming County, entered October 26, 2018 (appeal No. 1), and May 9, 2019 (appeal No. 2), and defendant-respondent-appellant having moved to vacate dismissal of the cross appeal taken herein from the order entered October 26, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiffs' motion is granted, and the appeals shall be perfected pursuant to 22 NYCRR 1250, and

It is further ORDERED that defendant-respondent-appellant's motion is granted a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv)shall be filed and served on or before August 5, 2019, and in the event of failure to file the brief, the cross appeal is hereby dismissed without further order.

Entered: June 17, 2019

Mark W. Bennett

Clerk of the Court