Matter of Dinhofer v Zabezhanskaya
Motion No: 2009-10415
Slip Opinion No: 2010 NY Slip Op 78435(U)
Decided on July 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M106348

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-10415, 2009-10416

In the Matter of Peter Dinhofer, appellant,

v Marina Zabezhanskaya, respondent.

(Docket No. F-18313-03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Family Court, Queens County, dated June 19, 2009 (Appellate Division Docket No. 2009-10415), and September 4, 2009 (Appellate Division Docket No. 2009-10416), respectively, as untimely taken, and to dismiss the appeal from the order dated September 4, 2009, on the ground that the order is not appealable as of right. Separate motion by the appellant, in effect, to deem the notice of appeal from the order dated September 4, 2009, to be a notice of appeal from an order of the same court dated October 5, 2009. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeals as untimely taken is denied; and it is further,

ORDERED that the appellant's motion, in effect, to deem the notice of appeal from the order dated September 4, 2009 (Appellate Division Docket No. 2009-10416), to be a notice of appeal from the order dated October 5, 2009, is granted (see CPLR 5512); and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order dated September 4, 2009, on the ground that the order is not appealable as of right is denied as academic; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing his brief on the appeals is enlarged until September 17, 2010.

SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court