Appellate Division: Second Judicial Department

M114670

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-08133, 2011-00535 Bruce E. Peters, et al., appellants, v Richard Phillips, et al., defendants third-party plaintiffs-respondents; Lian Zian Tao, third-party defendant- respondent. (Index No. 102687/08)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated June 21, 2010 (Appellate Division Docket No. 2010-08133), on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered September 14, 2010 (Appellate Division Docket No. 2011-00535).

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

ORDERED that on the Court's own motion, the notice of appeal from the order dated June 21, 2010 (Appellate Division Docket No. 2010-08133), is deemed also to be a notice of appeal from the judgment entered September 14, 2010 (Appellate Division Docket No. 2011-00535) (see CPLR 5501[c]); and it is further,

ORDERED that the motion is granted and the appeal from the order dated June 21, 2010 (Appellate Division Docket No. 2010-08133), is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the judgment entered September 14, 2010 (Appellate Division Docket No. 2011-00535), is enlarged until February 28, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court