Appellate Division: Second Judicial Department

M149121

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2012-04619 In the Matter of Sam Fields, deceased. Parbatie Ramrasad, appellant; Anthony Auciello, etc., respondent. (File No. 4807/07)

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 Surrogate's Court, Kings County, dated February 9, 2012. By order to show cause dated November 28, 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 in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the consent of the appealing party, and the application was held in abeyance in the interim. Motion by the appellant, inter alia, in effect, to stay her eviction from certain premises, pending hearing and determination of the appeal.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the application and the appellant's motion are denied as academic.

SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court