Appellate Division: Second Judicial Department

M35400

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-05174, 2005-06789 In the Matter of Clarendon National Insurance Company, petitioner-respondent, v Terry Moore, appellant, et al., respondents. (Index No. 23655/04)

DECISION & ORDER ON MOTION

Application by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated February 18, 2005, and June 10, 2005, respectively.

Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated February 18, 2005, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated June 10, 2005, is granted; the appellant's time to perfect that appeal is enlarged until March 17, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated February 18, 2005, is denied as academic.

ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court