Appellate Division: Second Judicial Department

M115971

J/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-05719, 2010-09607 In the Matter of Evelyn Konrad, appellant, v Southampton Village Board of Architectural Review and Historic Preservation, et al., respondents. (Index No. 35049-07)

DECISION & ORDER ON MOTION

Application by the appellant 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 March 22, 2010, and a judgment of the same court dated June 28, 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 March 22, 2010 (Appellate Division Docket No. 2010-05719), is dismissed, without costs or disbursements, as no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b]), and any issues raised on the appeal from the order dated March 22, 2010, are brought up for review on the appeal from the judgment dated June 28, 2010 (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 March 22, 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 dated June 28, 2010, is granted and the appellant's time to perfect that appeal is enlarged until May 26, 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., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court