| Bank of New York Mellon, formerly known as Bank of Ne |
| Motion No: 2014-04646 |
| Slip Opinion No: 2015 NY Slip Op 81038(U) |
| Decided on June 3, 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
M193049
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2014-04646, 2015-00479 Bank of New York Mellon, formerly known as Bank of New York, etc., respondent, v Zajde I. Krausz, appellant, et al., defendants. (Index No. 11134/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Orange County, entered July 10, 2014, and a judgment of the same court also entered July 10, 2014, for failure to timely perfect and to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and 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 the branch of the motion which is to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment is granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order for failure to timely perfect and the branch of the application which is to enlarge the time to perfect the appeal from the order are denied as academic; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment for failure to timely perfect is denied; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect the appeal from the judgment is enlarged until July 31, 2015, and the record or appendix and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., HALL, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court