Appellate Division: Second Judicial Department

M149395

S/nl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-07882, 2012-09564 Wilfredo Rosario Canelas, appellant, v Nelson Flores, respondent. (Index No. 25295/05)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated March 15, 2012, and July 10, 2012, respectively.

Upon the papers filed in support of the application 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 order dated March 15, 2012 (Appellate Division Docket No. 2012-07882), is dismissed, without costs or disbursements, as that order is not appealable as of right (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated July 10, 2012, is granted and the appellant's time to perfect that appeal is enlarged until April 13, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court