Appellate Division: Second Judicial Department

M37954

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-08903, 2005-09010, 2005-09011 Linda Weitz, et al., respondents, v Louis A. H. Pepper, appellant. (Index No. 9228/04)

DECISION & ORDER ON APPLICATION

Application by the appellant to enlarge the time to perfect appeals from three orders of the Supreme Court, Nassau County, dated February 14, 2005, March 4, 2005, and July 13, 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 appeals from the orders dated March 4, 2005 (Appellate Division Docket No. 2005-09010), and July 13, 2005 (Appellate Division Docket No. 2005-09011), respectively, are dismissed without costs or disbursements, as no appeal lies from an order entered on the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branches of the application which are for an enlargement of time to perfect the appeals from the orders dated March 4, 2005, and July 13, 2005, respectively, are denied as a academic; 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 14, 2005, is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the order dated February 14, 2005, is enlarged until June 5, 2006, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court