Appellate Division: Second Judicial Department

M206060

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2012-01872, 2015-05517, 2015-05518, 2015-05521, 2015-05522 Lawrence A. Obstfeld, et al., appellants, v Thermo Niton Analyzers, LLC, et al., respondents. (Index No. 500152/09)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, dated May 21, 2015, three decisions of the same court, one dated May 4, 2015, and two dated February 2, 2015, and an order of the same court dated July 25, 2011.

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

ORDERED that on the Court's own motion, the appeals from the decisions are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appeal from the order 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 the appellants' issues raised in connection with the order are brought up for review and may be raised in connection with the appeal from the judgment; and it is further,

ORDERED that the application is granted to the extent that the time to perfect the appeal from the judgment is enlarged until March 7, 2016, the record or appendix and the appellants' brief must be served and filed on or before that date, and the application is otherwise denied as academic.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court