Appellate Division: Second Judicial Department

M204646

J/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-07167, 2015-11827 Alvaro Brito, appellant, v Pamela Irarrazabal, respondent. (Index No. 16462/11)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, entered June 29, 2015, and October 16, 2015, respectively.

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 notice of appeal from the order entered June 29, 2015, is deemed to be a premature notice of appeal from a judgment of the same court dated October 15, 2015 (see CPLR 5520[c]); 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 that appeal is enlarged until February 16, 2016, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal form the order entered October 16, 2015, is denied as premature as the appellant's time to perfect that appeal does not expire until May 18, 2016.

RIVERA, J.P., SGROI, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court