Appellate Division: Second Judicial Department

M138536

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-08718, 2012-02982, 2012-02983, 2012-02984 SNC Properties, LLC, respondent, v Frank Demartino, et al., appellants. (Index No. 31518/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered June 30, 2011, as untimely taken and on the ground that it has been rendered academic. Separate motion by the respondent to dismiss appeals from three orders of the same court entered April 19, 2011, August 18, 2011, and October 18, 2011, respectively, on the ground that they have been rendered academic. Separate motion by the appellants to consolidate the appeals, and to enlarge the time to perfect the appeal from the order entered June 30, 2011.

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

ORDERED that on the Court's own motion, the appeal from the order entered October 18, 2011 (Appellate Division Docket No. 2012-02983), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order entered June 30, 2011, as untimely taken is denied; and it is further,

ORDERED that the branches of the respondent's motions which are to dismiss appeals from the orders entered June 30, 2011, April 19, 2011, and August 18, 2011, respectively, on the ground that they have been rendered academic are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order entered October 18, 2011, and the branch of the appellants' motion which is to consolidate that appeal with the other appeals is denied as academic; and it is further,

ORDERED that the branch of the appellants' motion which is to consolidate the appeals from the orders entered June 30, 2011, April 19, 2011, and August 18, 2011, respectively, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the appellants' motion which is to enlarge the time to perfect the appeal from the order entered June 30, 2011 (Appellate Division Docket No. 2011-08718), is granted and the appellants' time to perfect the appeal is enlarged until July 30, 2012, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court