Appellate Division: Second Judicial Department

M175139

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

BETSY BARROS, JJ.

2013-10343 Glenda Phillips, respondent, v Isaiah Owe Funeral Service, Inc., et al., appellants, et a defendants. (Index No. 30258/06)

DECISION & ORDER ON MOTION ns l.,

Separate applications by the appellants Isaiah Owens Funeral Service, Inc., and Isaiah Owens, and the appellants Joseph Fleming, Esq., P.C., and estate of Joseph Fleming pursuant to 22 NYCRR 670.8(d)(2), inter alia, to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, dated September 30, 2013. By order to show cause dated April 15, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as taken by the appellants Isaiah Owens Funeral Service, Inc., and Isaiah Owens in the above-entitled action on the ground that no appeal lies from a judgment entered upon the default of the appealing party, and the applications were held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto it is

ORDERED that the motion to dismiss the appeal insofar as taken by the appellants Isaiah Owens Funeral Service, Inc., and Isaiah Owens is granted, and the appeal insofar as taken by the appellants Isaiah Owens Funeral Service, Inc., and Isaiah Owens is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the branch of the application by the appellants Isaiah Owens Funeral Service, Inc., and Isaiah Owens which is to enlarge the time to perfect the appeal from the judgment is denied as academic; and it is further,

ORDERED that the branch of the application by the appellants Joseph Fleming, Esq., P.C., and estate of Joseph Fleming which is to enlarge the time to perfect the appeal from the judgment is granted, the time of the appellants Joseph Fleming, Esq., P.C., and estate of Joseph Fleming to perfect their appeal from the judgment is enlarged until August 5, 2014, and the record or appendix on the appeal and their brief must be served and filed on or before that date.

SKELOS, J.P., CHAMBERS, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court