Appellate Division: Second Judicial Department

M156153

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-09410, 2013-02075 Kenneth J. Mule, respondent, v Delphia E. Robinson, appellant. (Index No. 6659/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Dutchess County, dated September 27, 2012, and January 9, 2013, respectively, on the ground that the relief sought by the appellant "must be brought by [p]lenary [a]ction as a matter of law." Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated September 27, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 the branch of the motion which is to dismiss the appeal from the order dated September 27, 2012, is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 9, 2013, is denied as academic as that appeal was dismissed by decision and order on motion of this Court dated April 4, 2013, on the ground that the order was not appealable as of right; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal from the order dated September 27, 2012, is enlarged until July 10, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., ANGIOLILLO, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court