Appellate Division: Second Judicial Department

M204827

J/ct

MARK C. DILLON, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-00540, 2015-02686 Kenneth G. Kweku, respondent, v Reginald Thomas, et al., appellants. (Index No. 70108/13)

DECISION & ORDER ON MOTION

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, Westchester County, dated December 19, 2014, and a judgment of the same court entered March 26, 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 dated December 19, 2014, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated December 19, 2014, is denied as academic; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment entered March 26, 2015, is granted, the appellants' time to perfect that appeal is enlarged until March 15, 2016, and the record or appendix on that appeal and the appellants' brief must be served and filed on or before that date.

DILLON, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court