Appellate Division: Second Judicial Department

M201199

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-04033 In the Matter of People of State of New York, etc., petitioner-respondent, v Emstar Pizza, Inc., et al., respondents, Emmanuel Onuagulchi, appellant. (Index No. 17345/14)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 30, 2015. By order to show cause dated September 18, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from a judgment entered upon the default of an appealing party and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response 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 motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until January 5, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court