of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for an enlargement of time to perfect appeals from orders of the Civil Court of the City of New York, Kings County, dated, respectively, October 3, 2011 and February 24, 2012, and from a final judgment of the same court entered February 2, 2012. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.

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

ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED, on the court's own motion, that the appeal from the order dated October 3, 2011 is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]), and the issues that might have been brought up for review on the appeal from the order may be raised on the appeal from the final judgment; and it is further,

ORDERED that respondent's motion is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that appellant's motion is granted to the extent that the appeals from the order dated February 24, 2012 and the final judgment shall be perfected by February 1, 2013; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 1, 2013, the court, on its own motion, may dismiss the appeals, or respondent may move to dismiss the appeals on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk