Appellate Division: Second Judicial Department

M205182

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2015-02333, 2015-11671 Frank Burton, et al., respondents, v Pierre Burton, appellant. (Index No. 102821/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order and interlocutory judgment (one paper) of the Supreme Court, Richmond County, dated January 14, 2015, and to consolidate that appeal with an appeal from an order of the same court dated October 8, 2015.

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

ORDERED that on the Court's own motion, the appeal from the order dated October 8, 2015 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order and interlocutory judgment dated January 14, 2015, is granted, the appellant's time to perfect the appeal is enlarged until February 22, 2016, the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.

BALKIN, J.P., LEVENTHAL, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court