Appellate Division: Second Judicial Department

M181588

E/htr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-00198, 2014-03301 Security Lending, Ltd., respondent, v New Realty Corp., et al., appellants, et al., defendants. (Index No. 2615/09)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, entered May 22, 2013, and a judgment of the same court dated November 28, 2013, to consolidate the appeals, and to amend the caption to reflect that Security Lending, Ltd., has been substituted for the respondent Rossrock Fund II, L.P.

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, the appeal from the order (Appellate Division Docket No. 2014-00198) 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 to enlarge the time to perfect the appeal from the judgment (Appellate Division Docket No. 2014-03301) is granted, the appellants' time to perfect that appeal is enlarged until November 24, 2014, and the record or appendix and the appellants' brief must be served and filed on or before that date ; and it is further,

ORDERED that the branch of the motion which is to amend the caption to reflect that Security Lending, Ltd., has been substituted for the respondent Rossrock Fund II, L.P., is granted and the caption is amended accordingly; and it is further,

 ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court