Appellate Division: Second Judicial Department

M136953

E/ct

MARK C. DILLON, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-04436, 2012-03214 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Docket Nos. V-16300/10/10A/11B, V-16301/10/10A/11B, V-16384/10/10A/11E, V16385/10/10A/11E, O-16214/11)

DECISION & ORDER ON MOTION

2012-03227

Daniel Costigan, respondent,

v Elizabeth Renner, appellant.

(Index No. 11123/02)

Motion by the appellant pro se on appeals from two orders of the Family Court, Queens County, dated March 30, 2011, and January 25, 2012, respectively, and an order of the Supreme Court, Queens County, dated February 27, 2012, inter alia, for poor person relief and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated February 27, 2012 (Appellate Division Docket No. 2012-03227), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated February 27, 2012, as a poor person relief and to enlarge the time to perfect that appeals are denied as academic; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals from the orders dated March 30, 2011, and January 25, 2012, on the original papers are denied as unnecessary (see Family Ct Act § 1116); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 30, 2011 (Appellate Division Docket No. 2011-04436), is granted, and the appellant's time to perfect that appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until June 11, 2012; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated January 25, 2012 (Appellate Division Docket No. 2012-03214), is denied as premature; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BELEN, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court