Appellate Division: Second Judicial Department

M35148

O/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-04204, 2005-06340 Barbara Harrington, appellant, v Tracey Glen Toback, et al., respondents. (Index No. 329/00)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from an order and a judgment of the Supreme Court, Dutchess County, dated March 14, 2005, and May 26, 2005, respectively, and, in effect, to enlarge the time to perfect the appeals, and cross motion by the respondents to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated with the entry of the judgment in the action, and to dismiss the appeal from the judgment for failure to timely perfect the same.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Aho 39 NY2d 241, 248); and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the judgment is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal from the judgment is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged until March 10, 2006, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the order and to consolidate the appeals are denied as academic.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court