| Pender v Morris Duffy Alonso Faley, LLP |
| Motion No: 2013-10219 |
| Slip Opinion No: 2014 NY Slip Op 87110(U) |
| Decided on October 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
M181504
E/ct
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2013-10219, 2013-10469 Juvondi Pender, appellant, v Morris Duffy Alonso Faley, LLP, respondent. (Index No. 1622/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se (1) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated May 15, 2013, and an order of the same court dated October 18, 2013, respectively, (2) to consolidate the appeals, and (3) for poor person relief.
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 on the Court's own motion, so much of the decision and order on motion of this Court dated June 27, 2014, entitled "In the Matter of Dismissal of Causes for failure to Perfect-June 2014" calendar as dismissed the appeal from the order dated October 18, 2013 (Appellate Division Docket No. 2013-10469), is recalled and vacated; and it is further,
ORDERED that on the Court's own motion, the appeal from the order dated October 18, 2013, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is 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 enlarge the time to perfect the appeal from the order dated May 15, 2013, is granted, the appellant's time to perfect that appeal is enlarged until December 22, 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 it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied; 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