Appellate Division: Second Judicial Department

M103052

E/sl

STEVEN W. FISHER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-03692, 2009-09965, 2010-02226, 2010-02852 Gennady Gorelik, appellant-respondent, v Elena Gorelik, respondent-appellant. (Appeal No. 1) Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Appeal Nos. 2, 3 & 4) (Index No. 42856/92)

DECISION & ORDER ON MOTION

Motion by Elena Gorelik on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 5, 2009 (Appellate Division Docket No. 2009-03692), and appeals from two orders of the same court dated September 14, 2009 (Appellate Division Docket No. 2009-09965), and January 22, 2010 (Appellate Division Docket No. 2010-02226), respectively, and a judgment of the same court dated February 22, 2010 (Appellate Division Docket No. 2010-02852), inter alia, (1) to dismiss the appeal from the order dated January 22, 2010, on the ground that the right of direct appeal from the order terminated with the entry of the judgment dated February 22, 2010, (2), in effect, to consolidate the appeal and cross appeal from the order dated March 5, 2009, and the appeal from the order dated September 14, 2009, with the appeal from the judgment dated February 22, 2010, and (3) to enlarge the time to serve and file a brief with respect to the appeal and cross appeal from the order dated March 5, 2009. Cross motion by Gennady Gorelik to dismiss the cross appeal from the order dated March 5, 2009, for failure to timely perfect in accordance with the rules and prior orders of this court, and for an award of costs.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 22, 2010 (Appellate Division Docket No. 2010-02226), on the ground that the right of direct appeal from the order terminated with the entry of the judgment dated February 22, 2010 (Appellate Division Docket No. 2010-02852), is granted, and the appeal from the order dated January 22, 2010 (Appellate Division Docket No. 2010-02226), is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief with respect to the appeal and cross appeal from the order dated March 5, 2009, is granted, and Elena Gorelik shall serve and file an answering brief, including her points of argument on the cross appeal, on or before June 17, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied ; and it is further,

ORDERED that the cross motion is denied.

FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court