Appellate Division: Second Judicial Department

M94431

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2009-02858, 2009-07727 In the Matter of East Hampton Indoor Tennis Club, LLC, appellant, v Town of East Hampton, et al., respondents. (Proceeding No. 1) (Index No. 23212-08) In the Matter of East Hampton Indoor Tennis Club, LLC, appellant, v Town of East Hampton, et al., respondents. (Proceeding No. 2) (Index No. 40919/08)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated January 6, 2009, and to consolidate that appeal with an appeal from an order of the same court dated June 22, 2009.

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 order dated June 22, 2009 (Appellate Division Docket No. 2009-07727), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge time to perfect the appeal from the order dated January 6, 2009, is granted, the appellant's time to perfect the appeal is enlarged until December 15, 2009, 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 motion is otherwise denied as academic.

RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court