Appellate Division: Second Judicial Department

M100114

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-04150, 2009-05275 In the Matter of Abraham Klein, respondent, v Christine Persaud, et al., appellants. (Index No. 8007/09)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated April 17, 2009, and May 4, 2009, 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 order dated April 17, 2009 (Appellate Division Docket No. 2009-05275), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the motion is granted to the extent that the appellants' time to perfect the appeal from the order dated May 4, 2009 (Appellate Division Docket No. 2009-04150), is enlarged until May 3, 2010, and the record or appendix on that appeal and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied as academic; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court