Appellate Division: Second Judicial Department

M133976

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2011-08201 John Hancock Life Insurance Company of New York, respondent, v Triangulo Real Estate Corporation, appellant. (Index No. 10-4918)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered July 20, 2011. By order to show cause dated January 31, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that does not result from a motion made on notice, and the application was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and 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 notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the motion to dismiss the appeal is denied (see CPLR 5701); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 2, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court