Appellate Division: Second Judicial Department

M187427

E/ct

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2013-09939, 2014-05324 In the Matter of Daniel B. (Anonymous). Angelique M. B. (Anonymous), petitioner- respondent; David V. (Anonymous), et al., nonparty-appellants. (Index No. 100007/12)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated June 26, 2013, and to hold an appeal from a decision of the same court dated April 1, 2014, in abeyance pending determination of the appeal from the order or to enlarge the time to perfect the appeal from the decision. Cross motion by the petitioner-respondent to dismiss the appeal from the decision for failure to timely perfect, or, in the alternative, for a preference in the calendaring of the appeal.

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

ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a notice of appeal from a judgment of the Supreme Court, Kings County, dated May 5, 2014 (see CPLR 5512[a]); and it is further,

ORDERED that the branches of the motion and the cross motion which are for a preference in the calendaring of the appeals are granted, and the appeals will be calendared expeditiously; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect is granted to the extent that, the time to perfect the appeal from the judgment is enlarged until March 30, 2015; and it is further,

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

ORDERED that the cross motion is otherwise denied.

BALKIN, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court