Appellate Division: Second Judicial Department

M58273

S/cb

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-01393, 2007-01396 Peter L. Vanzer, appellant, v Chan Puiso Lee, et al., respondents. (Index No. 7810/03)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, dated December 4, 2006, and December 6, 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 4, 2006 (Appellate Division Docket No. 2007-01393), 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 branch of the application which is to enlarge the time to perfect that appeal is denied as 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 December 6, 2006 (Appellate Division Docket No. 2007-01396), is granted, the appellant's time to perfect the appeal is enlarged until October 5, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court