Appellate Division: Second Judicial Department

M167988

E/nl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-09429, 2013-10416, 2013-10418 Susan Aranoff, respondent, v Gerald Aranoff, appellant. (Index No. 54688/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Supreme Court, Kings County, dated June 25, 2013, and October 1, 2013, and a judgment of the same court dated September 10, 2013, on the original papers, and to consolidate the appeals. Separate motion by the appellant pro se to consolidate the appeals.

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

ORDERED that on the Court's own motion, the appeals from the order dated June 25, 2013, and the judgment dated September 10, 2013 (Appellate Division Docket No. 2013-09429, 2013-10416), are dismissed, without costs or disbursements, on the ground that no appeal lies from an order or judgment entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals from the order dated June 25, 2013, and the judgment dated September 10, 2013, on the original papers, and to consolidate the appeals, and the motion to consolidate the appeals are denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated October 1, 2013, on the original papers is denied.

BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court