Appellate Division: Second Judicial Department

M115970

J/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-06240, 2010-06543 Deborah Daniels, et al., appellants, v Werner Simon, et al., respondents. (Index No. 8648-05)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated May 21, 2010, and a judgment of the same court entered June 9, 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 May 21, 2010 (Appellate Division Docket No. 2010-06240), is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment dated June 9, 2010 (see Matter of Aho, 39 NY2d 241), and the issues raised on the appeal from the order are brought up for review on the appeal from the judgment (see CPLR 5501[a][1]); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated May 21, 2010, is denied as academic; 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 June 9, 2010, is granted and the appellants' time to perfect that appeal is enlarged until April 11, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court