Appellate Division: Second Judicial Department

M117151

B/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-08628, 2010-11519 Alina Chkhartishvili, et al., respondents, v Vitaly Volovoy, etc., et al., appellants. (Index No. 9806/04)

DECISION & ORDER ON MOTION

Application by the appellant Maimonides Medical Center pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated August 11, 2010, and a judgment of the same court entered October 27, 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 August 11, 2010 (Appellate Division Docket No. 2010-08628), is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment in the above-entitled 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 October 27, 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 August 11, 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 October 27, 2010, is denied as premature as the time to perfect the appeal therefrom does not expire until May 9, 2011.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court