Appellate Division: Second Judicial Department

M59873

E/sl

GLORIA GOLDSTEIN, J.P.

MARK C. DILLON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-02239, 2007-02547 Robert Hudson, appellant, v Town of Pine Plains, et al., respondents. (Index No. 5223/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Dutchess County, both dated February 13, 2007, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on the appeal from the order docketed under Appellate Division Docket No. 2007-02547. Separate motion by the respondents New York State Department of Environmental Conservation and State of New York to dismiss the appeal docketed under Appellate Division Docket No. 2007-02547 as against them, in effect, on the ground that the appellant does not have any claims against them to be adjudicated on this appeal, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that on the court's own motion, the appeal from the order docketed under Appellate Division Docket No. 2007-02547 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that on the court's own motion, the appeal from the order docketed under Appellate Division Docket No. 2007-02239 is dismissed, without costs or disbursements, for failure to timely perfect that appeal in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motions are denied as academic.

GOLDSTEIN, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court