Appellate Division: Second Judicial Department

M112934

T/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-06056, 2010-07056, 2010-08906 DECISION & ORDER ON APPLICATION Board of Directors of Squire Green at Pawling Homeowners Association, Inc., respondent, v Barry G. Bell, appellant. (Index No. 728/08)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Dutchess County, dated May 4, 2010, and July 27, 2010, respectively, and a judgment of the same court dated June 3, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appeal from the order dated May 4, 2010 (Appellate Division Docket No. 2010-06056), is dismissed, without costs or disbursements, as the right of direct appeal therefrom terminated with entry of judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the branches of the application which are to enlarge the time to perfect the appeals from the order dated July 27, 2010, and the judgment are granted, and the appellant's time to perfect those appeals is enlarged until March 14, 2011, and the record or appendix on those appeals and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court