Appellate Division: Second Judicial Department

M70306

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-11118, 2007-11119, 2007-11120 Rosemate Lohier Chery, appellant, v Jamaica Buses, Inc., respondent. (Index No. 6326/05)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, entered October 17, 2007, an order of the same court dated April 25, 2007, and a transcript dated April 16, 2007.

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

ORDERED that the appeal from the order dated April 25, 2007 (Appellate Division Docket No. 2007-11119), is dismissed, without costs or disbursements, as that order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the appeal from the transcript dated April 16, 2007 (Appellate Division Docket No. 2007-11120), is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted and the appellant's time to perfect that appeal is enlarged until July 8, 2008, 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 application is otherwise denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court