Appellate Division: Second Judicial Department

M205217

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2015-00559, 2015-03373 Robert C. Baxter, appellant, v Mark Javier, et al., respondents. (Index No. 8806/00)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from an order of the Supreme Court, Suffolk County, entered December 10, 2014, and an amended judgment of the same court entered February 10, 2015, on the grounds that the right of direct appeal from the order terminated upon entry of the amended judgment and for failure to timely perfect the appeal from the amended judgment, or, in the alternative, to vacate a stay of enforcement of the order, which was granted by decision and order on motion of this Court dated February 18, 2015. Cross motion by the appellant to enlarge the time to perfect the appeal from the amended judgment, to consolidate the appeals, and to deem the record and brief submitted in connection with the appeal from the order to also be the record and brief on the appeal from the amended judgment.

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

ORDERED that the cross motion is granted, the time to perfect the appeal from the amended judgement is enlarged, the appeals are consolidated, the record and brief filed in connection with the appeal from the order are deemed to be the record and brief filed in connection the appeal from the amended judgment, and on or before February 16, 2016, the appellant shall serve and file a supplemental record containing the amended judgment and the notice of appeal from the amended judgment; and it is further,

ORDERED that the motion is denied.

DILLON, J.P., LEVENTHAL, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court