| Luna v Spadafora |
| Motion No: 2012-03809 |
| Slip Opinion No: 2013 NY Slip Op 86033(U) |
| Decided on September 23, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M162641
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-03809, 2013-06227, 2013-06866, 2013-07964 Jennifer Luna, et al., appellants, v Philip F. Spadafora, etc., et al., respondents, et al., defendant. (Index No. 1469/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered February 17, 2012, to consolidate that appeal with appeals from two orders of the same court both dated April 4, 2013, and a judgment of the same court entered June 25, 2013, and to set a briefing schedule.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated April 4, 2013, under Appellate Division Docket No. 2013-06227 is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment entered June 25, 2013 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment entered February 17, 2012, is granted, the appellants' time to perfect the appeal is enlarged until November 22, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeal from the order dated April 4, 2013, under Appellate Division Docket No. 2013-06227 with the other appeals is denied as academic; and it is further,
ORDERED that the branch of the motion which is to consolidate the remaining appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court