Appellate Division: Second Judicial Department

M158764

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-08801, 2012-10075, 2013-02249, 2013-02259 Mary Jane Hayes, respondent, v William Ames Hayes, appellant. (Index No. 21531/10)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Suffolk County, dated December 5, 2011, and three orders of the same court dated August 28, 2012, January 9, 2013, and January 10, 2013, respectively.

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

ORDERED that on the Court's own motion the appeal from the order dated January 10, 2013 (Appellate Division Docket No. 2013-02259), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see CPLR 5511); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the decision dated December 5, 2011( Appellate Division Docket No. 2012-10075), is denied as academic as that appeal was dismissed by decision and order on motion of this Court dated May 1, 2013; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeals from the orders dated August 28, 2012, and January 9, 2013, is granted and the appellant's time to perfect those appeals is enlarged until September 16, 2013, and the record or appendix on those appeals 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