Appellate Division: Second Judicial Department

M181568

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-03046, 2014-04319 Pawling Lake Property Owners Assoc., Inc., respondent, v Leo Dragani, appellant. (Index No. 1394/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated February 7, 2014, and, in effect, to enlarge the time to perfect an appeal from a judgment of the same court dated February 19, 2014.

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

ORDERED that on the Court's own motion, the appeal from the order (Appellate Division Docket No. 2014-03046) is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal from the judgment (Appellate Division Docket No. 2014-04319) is granted, the appellant's time to perfect that appeal is enlarged until November 20, 2014, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., DICKERSON, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court