Appellate Division: Second Judicial Department

M207798

E/ct

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-07941, 2015-12481 JP Morgan Chase Bank, N.A., respondent, v Ofra Levin, appellant, et al., defendants. (Index No. 337/10)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from a judgment of the Supreme Court, Nassau County, entered July 24, 2015, and an order of the same court dated April 21, 2015, and to enlarge the time to perfect the appeal from the judgment. Separate motion by the appellant to enlarge the record on the appeal from the judgment to include certain documents and to enlarge the time to perfect that appeal. Separate motion by Isaac Levin for leave to intervene on the appeal from the judgment. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the judgment.

Upon the papers filed in support of the appellant's motion, inter alia, to consolidate the appeals and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the appellant's motion, inter alia, to enlarge the record and Isaac Levin's motion, and the papers filed in opposition thereto, and 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 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 leave to appeal has not been granted; and it is further,

ORDERED that the branch of the appellant's motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the record is denied as unnecessary with respect to the complaint, the answer and amended answer of the defendant Wells Fargo Bank, N.A., the papers filed in connection with the appellant's motion to strike the answer of the defendant Wells Fargo Bank, N.A., the papers filed in connection with the appellant's motion to renew and reargue, and the orders of the Supreme Court, Nassau County, dated June 1, 2012, and December 10, 2012, respectively, as that material is properly part of the record (see CPLR 5017[b]; 5526), and is otherwise denied; and it is further,

ORDERED that the branches of the appellant's motions which are to enlarge the time to perfect the appeal from the judgment and the application for that relief are granted, the appellant's time to perfect that appeal is enlarged until June 20, 2016, and 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 the Isaac Levin's motion is denied.

LEVENTHAL, J.P., DICKERSON, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court