| Tarantina v Gitelman |
| Motion No: 2013-05993 |
| Slip Opinion No: 2014 NY Slip Op 67138(U) |
| Decided on March 21, 2014 |
| 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
M171471
E/ct
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2013-05993, 2013-05994 Marina Tarantina, appellant, v Leonard Gitelman, respondent. (Index No. 50942/10)
| 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 and order (one paper) of the Supreme Court, Richmond County, dated December 17, 2012, and an order of the same court dated April 5, 2013. By decision and order on motion of this Court dated October 31, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals and the application was held on abeyance in the interim.
Now, upon the order to show cause and the papers filed in response 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 on the Court's own motion, the notice of appeal from the decision and order (one paper) dated December 17, 2012, is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Richmond County, dated November 20, 2013 (see CPLR 5520[c]); and it is further,
ORDERED that on the Court's own motion, the appeal from the order dated April 5, 2013 (Appellate Division Docket No. 2013-05994), is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment and the issues raised on the appeal from the order will be brought up for review on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion to dismiss the appeals is denied as academic; and it is further,
ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the judgment is enlarged until May 23, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied.
BALKIN, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court