Appellate Division: Second Judicial Department

M82575

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-05180, 2008-05181, 2008-05183 Najim Chechen, appellant, v Kevin Spencer, respondent. (Index No. 07-4408)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from a transcript of the Supreme Court, Orange County, dated December 11, 2007, and two orders of the same court dated February 8, 2008, and April 30, 2008, respectively.

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

ORDERED that on the court's own motion, the appeal from the transcript dated December 11, 2007 (Appellate Division Docket No. 2008-05180), is dismissed, without costs or disbursements, on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the transcript dated December 11, 2007, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated February 8, 2008 (Appellate Division Docket No. 2008-05181), and April 30, 2008 (Appellate Division Docket No. 2008-05183), respectively, is granted, the appellant's time to perfect the appeals is enlarged until March 11, 2009, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court