Appellate Division: Second Judicial Department

M140917

E/ct

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2010-10263, 2012-00590 Crown Waterproofing, Inc., respondent, v Tadco Construction Corp., appellant. (Index No. 08-2193)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from an order of the Supreme Court, Westchester County, dated August 23, 2010, and a judgment of the Supreme Court, Westchester County, entered July 16, 2010, to deem the record filed on the appeal from the order to be the record on the appeal from the judgment, to file consolidated briefs in connection with both appeals, and to enlarge the time to serve and file a reply brief in connection with the appeal from the order dated August 23, 2010.

Upon the papers filed in support of the motion 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 judgment entered July 16, 2010, is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the appellant's default (CPLR 5511); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals, to deem the record filed on the appeal from the order to be the record on the appeal from the judgment, and to file consolidated briefs in connection with both appeals are denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief in connection with the appeal from the order dated August 23, 2010, is granted, and the reply brief shall be served and filed on or before August 3, 2012.

ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court