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

CA 19-00070
CA 19-00293
CA 19-01321

KELLY ZUZZE, PLAINTIFF- RESPONDENT, V BRYAN N. BUTLER, M.D., AND BUFFALO MEDICAL GROUP, P.C., DEFENDANTS-APPELLANTS. (Appeal No. 1.) KELLY ZUZZE, PLAINTIFF-RESPONDENT, V BRYAN N. BUTLER, M.D., AND BUFFALO MEDICAL GROUP, P.C., DEFENDANTS-APPELLANTS. (Appeal No. 2.) KELLY ZUZZE, PLAINTIFF-APPELLANT, V BRYAN N. BUTLER, M.D., AND BUFFALO MEDICAL GROUP, P.C., DEFENDANTS-RESPONDENTS. (Appeal No. 3.)

Defendants having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court, Erie County, entered December 10, 2018 (appeal No. 1), January 2, 2019 (appeal No. 2), and July 1, 2019 (appeal No. 3), for an extension of time to perfect appeal No. 1, and to vacate dismissal of appeal No. 2,

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

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted on the condition that plaintiff perfects appeal No. 3 on or before January 16, 2020, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, the time for defendants to perfect the appeal is extended to March 2, 2020, 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 vacate dismissal of appeal No.2 is granted on the condition that defendants perfect the appeal on or before March 2, 2020.

Entered: October 21, 2019

Mark W. Bennett

Clerk of the Court