Appellate Division: Second Judicial Department

M115558

B/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-06925, 2010-08199 DECISION & ORDER ON APPLICATION John Love, et al., respondents, v County of Orange, et al., appellants, et al., defendants. (Index No. 1119/09)

Application by the appellants County of Orange and Joel Kleinman pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Orange County, dated June 16, 2010, and a judgment of the same court dated July 15, 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 on the Court's own motion, the appeal from the order dated June 16, 2010 (Appellate Division Docket No. 2010-06925) is dismissed, without costs or disbursements, as the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248), and the issues raised on the appeal from the order will be brought up for review and considered on appeal from the judgment (see CPLR 5501[a][1]); and it is further,

ORDERED that the application is granted to the extent that the time of the appellants County of Orange and Joel Kleinman to perfect the appeal from the judgment is enlarged until April 6, 2011, the record or appendix on the appeal and the brief of the appellants County of Orange and Joel Kleinman must be served and filed on or before that date, and the application is otherwise denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court