Appellate Division: Second Judicial Department

M172632

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-00057, 2014-00059, 2014-00060, 2014-00749 Elena Strujan, appellant, v Glencord Build Corp., et al., respondents. (Index No. 18853/09)

DECISION & ORDER ON MOTION ing

Motion by the appellant to consolidate appeals from three orders of the Supreme Court, Kings County, dated September 4, 2013, September 10, 2013, and September 23, 2013, respectively, with an appeal from an order of the same court dated November 22, 2013, and for poor person relief. Application by the appellant to impose a sanction upon the respondent.

Upon the papers filed in support of the motion and the papers filed in opposition 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 appeals from the orders dated September 4, 2013, and November 22, 2013 (Appellate Division Docket Nos. 2014-00060, 2014-00749), are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are 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 branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is denied without prejudice to making a motion for that relief; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeals from the orders dated September 10, 2013, and September 23, 2013, is enlarged until June 16, 2014, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court