Appellate Division: Second Judicial Department

M179993

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

L. PRISCILLA HALL, JJ.

2012-05150, 2012-05153, 2013-04213 In the Matter of New York State Commissioner of Taxation and Finance, petitioner-respondent, v Capital One, N.A., respondent, J. David Golub, appellant. (Index No. 11548/11)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Nassau County, dated November 1, 2011, March 19, 2012, and March 7, 2013, respectively, inter alia, to enlarge the time to perfect the appeal from the order dated March 7, 2013, and for leave to reargue that branch of his prior motion which was to reinstate the appeals from orders dated November 1, 2011, and March 19, 2012, which were dismissed by decision and order on motion of this Court dated September 9, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that on the Court's own motion, the appeal from the order dated March 7, 2013 (Appellate Division Docket No. 2013-04213), is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that on the Court's own motion, the appellant is precluded from filing any further motions in this Court concerning the appeals from the orders dated November 1, 2011, and March 19, 2012 (Appellate Division Docket Nos. 2012-05150 and 2012-05153) without prior leave of this Court.

ENG, P.J., MASTRO, RIVERA and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court