Appellate Division: Second Judicial Department

M116574

B/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-09033, 2010-09034 Matter of Deyanira Baldera, respondent, v Country Wide Insurance Co., appellant. (Index No. 8313/09)

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, Queens County, dated July 16, 2010, and a judgment of the same court entered August 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 July 16, 2010 (Appellate Division Docket No. 2010-09034), is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the final judgment in this action (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 entered August 9, 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 July 16, 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 August 9, 2010, is granted and the appellant's time to perfect the appeal is enlarged until April 29, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court