Appellate Division: Second Judicial Department

M202462

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-03012, 2015-08019, 2015-09341, 2015-09681 Citimortgage, Inc., appellant, v Ricky Petro, respondent, et al., defendants. (Index No. 135418/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Richmond County, dated November 21, 2014, June 5, 2015, and July 8, 2015, respectively, on the ground that no appeals lie from orders that are not the result of motions made on notice, or, in the alternative, to consolidate the appeals with an appeal from an undated order of the same court and to enlarge the respondent's time to serve and file a brief with respect to the appeal from the order dated November 21, 2014.

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

ORDERED that the branches of the motion which are to dismiss the appeals from the orders dated June 5, 2015, and July 8, 2015, are granted, and those appeals are dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated November 21, 2014, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief with respect to the appeal from the order dated November 21, 2014, is granted, the respondent's time to serve and file a brief is enlarged until December 31, 2015, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court