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

CA 21-00412 AND CA 21-00582

JEFFREY E. ALLINGTON AND STACIE MILLER, PLAINTIFFS, V TEMPLETON FOUNDATION, CARE OF THE MARY IMOGENE BASSETT HOSPITAL DOING BUSINESS AS BASSETT MEDICAL CENTER, DEFENDANTS. TEMPLETON FOUNDATION, CARE OF THE MARY IMOGENE BASSETT HOSPITAL DOING BUSINESS AS BASSETT MEDICAL CENTER, THIRD-PARTY PLAINTIFF, V PULVER ROOFING, THIRD-PARTY DEFENDANT. —————————————————&mdas h;—————————- TEMPLETON FOUNDATION, CARE OF THE MARY IMOGENE BASSETT HOSPITAL DOING BUSINESS AS BASSETT MEDICAL CENTER, THIRD-PARTY PLAINTIFF-APPELLANT, V WELLIVER MCGUIRE, INC., DOING BUSINESS AS WELLIVER, THIRD-PARTY DEFENDANT-RESPONDENT.

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Steuben County, entered September 11, 2020 (docket No. CA 21-00582), to extend the time to perfect the appeal taken herein from an order of the same Court entered March 1, 2021 (docket No. CA 21-00412), and to consolidate the appeals,

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 is granted insofar as it seeks to vacate dismissal of the appeal from the order entered September 11, 2020, on the condition that the appeal is perfected on or before July 2, 2021, and

It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time to perfect the appeal taken herein from the order entered March 1, 2021 (see 22 NYCRR 1250.10 [a]), and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is dismissed as unnecessary (see 22 NYCRR 1250.9 [f] [3]).

Entered: June 3, 2021

Mark W. Bennett

Clerk of the Court