Appellate Division: Second Judicial Department

M161589

E/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-10601, 2013-01990, 2013-01991 Erica Winzelberg, plaintiff, v 1319 50th Realty Corp., et al., respondents, Fimor Construction & Development Corp., et al., appellants (and third-party actions). (Index No. 22221/06)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated August 16, 2012, and two orders of the same court both dated October 22, 2012.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated October 22, 2012 (Appellate Division Docket No. 2013-01991), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is granted to the extent that the appellants' time to perfect the appeals from the order dated August 16, 2012 (Appellate Division Docket No. 2012-10601), and the order dated October 22, 2012 (Appellate Division Docket No. 2013-01990), is enlarged until October 25, 2013, and the record or appendix on those appeals and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied as academic.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court