Appellate Division: Second Judicial Department

M41761

S/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-00796, 2006-01282, 2006-01925 Robert Hudson, appellant, v Town of Pine Plains, etc., et al., respondents. (Index No. 5223/05)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Dutchess County, dated December 19, 2005, January 6, 2006, and January 19, 2006, respectively.

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

ORDERED that on the court's own motion the appeal from the order dated December 19, 2005 (Appellate Division Docket No. 2006-00796), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeals from the orders dated January 6, 2006, and January 19, 2006 (Appellate Division Docket Nos. 2006-01282 and 2006-01925) is enlarged until September 29, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court