Appellate Division: Second Judicial Department

M210770

J/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2015-08996, 2015-11361 Johnny L. Searcy, appellant, v New York City Transit Authority, et al., respondents. (Index No. 7141/12)

DECISION & ORDER ON MOTION

Applications by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated August 7, 2015, and a judgment of the same court dated October 16, 2015.

Upon the papers filed in support of the applications 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 dated August 7, 2015, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment dated October 16, 2015 (see Matter of Aho, 39 NY2d 241), and the issues concerning the order are brought up for review and may be raised in connection with appeal from the judgment; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal from the order dated August 7, 2015, is denied as academic; and it is futher,

ORDERED that the application to enlarge the time to perfect the appeal from the judgment dated October 16, 2015, is granted, the appellant's time to perfect the appeal is enlarged until June 29, 2016, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court