Appellate Division: Second Judicial Department

M207835

E/ct

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-11785, 2015-10569 In the Matter of Merrimack Mutal Fire Insurance Company, etc., appellant, v Long Island Power Authority, et al., respondents. (Index No. 248/14)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, entered October 6, 2014, and August 13, 2015, respectively.

Upon the papers filed in support of the motion 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 entered October 6, 2014, is dismissed, without costs or disbursements, on the ground that no appeal lies from the portion of the order granting the respondents' cross motion as that portion of the order was entered upon the default of the appealing party (see CPLR 5511) and no appeal lies from the portion of the order denying the appellant's motion for reargument; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered October 6, 2014, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered August 13, 2015, is granted, the time to perfect that appeal is enlarged until April 25, 2016, and the record or appendix and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court