| Matter of Sierra Club v Martens |
| Motion No: 2015-00884 |
| Slip Opinion No: 2015 NY Slip Op 71645(U) |
| Decided on April 29, 2015 |
| 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
M191446
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2015-00884, 2015-02317 In the Matter of Sierra Club, et al., appellants, v Joseph Martens, et al., respondents-respondents; Trans Canada Ravenswood, LLC, nonparty-responde (Index No. 2949/14)
| DECISION & ORDER ON MOTION nt. |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated October 20, 2014, and a judgment of the same court dated November 25, 2015.
Upon the papers filed in support of the application 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 is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order will be brought up for review on the appeal from the judgment (see CPLR 5501[a][1]); and it is further,
ORDERED that the application is granted to the extent that the appellants' time to perfect the appeal from the judgment is enlarged until July 27, 2015, the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court