PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.

CA 20-01427
ACTION NO. 1 (Index No. I-2002-10969)
ACTION NO. 2 (Index No. I-2004-10971)
CA 20-01428 AND CA 20-01503
ACTION NO. 1 (Index No. I-2002-10969)
ACTION NO. 2 (Index No. I-2004-10971)

STEVEN PATTERSON AND ADRIENNE PATTERSON, AS GUARDIANS OF THE PERSON OF TERRANCE PATTERSON, PLAINTIFFS-APPELLANTS, V COUNTY OF ERIE, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. WILLIAM D. MALDOVAN, PUBLIC ADMINISTRATOR OF ERIE COUNTY, AS ADMINISTRATOR OF THE ESTATE OF TERRELL PARKER, DECEASED, PLAINTIFF-APPELLANT, V COUNTY OF ERIE, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. STEVEN PATTERSON AND ANDRIENNA PATTERSON AS GUARDIANS OF THE PERSON OF TERRANCE PATTERSON, PLAINTIFFS-RESPONDENTS-APPELLANTS, V COUNTY OF ERIE, ET AL., DEFENDANTS, GATEWAY-LONGVIEW FOUNDATION, GATEWAY-LONGVIEW, INC., AND FRANCENIA REED, DEFENDANTS-APPELLANTS-RESPONDENTS. —————————————&mdas h;————— WILLIAM D. MALDOVAN, PUBLIC ADMINISTRATOR OF ERIE COUNTY, AS ADMINISTRATOR OF THE ESTATE OF TERRELL PARKER, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, V COUNTY OF ERIE, ET AL., DEFENDANTS, GATEWAY-LONGVIEW FOUNDATION, GATEWAY-LONGVIEW, INC., AND FRANCENIA REED, DEFENDANTS-APPELLANTS-RESPONDENTS.

Plaintiffs having moved for an extension of time to perfect their appeals taken herein from orders of the Supreme Court, Erie County, entered September 9, 2020, and October 19, 2020, for an extension of time to file and serve a brief on the appeal from the order entered October 19, 2020, for consolidation of the appeals, and for permission to file an oversized brief with respect to 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 consolidate the appeals from the order entered October 19, 2020, and

It is further ORDERED that the motion is denied insofar as it seeks to consolidate the appeals from the orders entered September 9, 2020, and October 19, 2020, and

It is further ORDERED that the appeals from the order entered October 19, 2020, will hereinafter only proceed under docket No. CA 20-01503, and

It is further ORDERED that the motion is granted insofar as its seeks to extend the time to perfect plaintiffs' appeal from the order entered October 19, 2020, and to file a brief with respect to the appeal from that order, on the condition that plaintiffs file a respondents-appellants' brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) and a certified amended record, containing at a minimum plaintiffs' notice of appeal with proof of filing and service, on or before September 17, 2021, under docket No. CA 20-01503, and

It is further ORDERED that the appeals from the order entered October 19, 2020 (docket No. CA 20-01503), are removed from the calendar for the term commencing November 29, 2021, and are added to the term commencing February 14, 2022, and

It is further ORDERED that the motion is granted to the extent that plaintiffs' time to perfect the appeal from the order entered September 9, 2020, is extended to September 17, 2021, 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 is denied insofar as it seeks to file an oversized brief.

Entered: August 19, 2021

Mark W. Bennett

Clerk of the Court