| Delijani v Delijani |
| Motion No: 2010-00074 |
| Slip Opinion No: 2010 NY Slip Op 76281(U) |
| Decided on July 6, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M105125
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-00074, 2010-00075, 2010-00076, 2010-00077, 2010-00078 Morgan Delijani, respondent, v Parham Delijani, appellant. (Index No. 4785/99)
| 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, Nassau County, entered August 17, 2009 (Appellate Division Docket No. 2010-00074), two orders of the same court dated August 21, 2009 (Appellate Division Docket No. 2010-00075), and August 26, 2009 (Appellate Division Docket No. 2010-00078), respectively, and two orders of the same court both dated August 24, 2009 (Appellate Division Docket Nos. 2010-00076 and 2010-00077).
ORDERED that on the court's own motion, the appeals from the order dated August 21, 2009 (Appellate Division Docket No. 2010-00075), and the order dated August 24, 2009 (Appellate Division Docket No. 2010-00077), directing a hearing to make findings of fact are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that on the court's own motion, the appeals from the order dated August 24, 2009 (Appellate Division Docket Nos. 2010-00076), that directs the payment of counsel fees, and the order dated August 26, 2009 (Appellate Division Docket No. 2010-00078), are dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment entered August 17, 2009 (Appellate Division Docket No. 2010-00074), is granted and the appellant's time to perfect that appeal is enlarged until August 23, 2010, and the record or appendix on that 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.
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court