Appellate Division: Second Judicial Department

M210812

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-10571, 2015-11315 August J. Savello, appellant, v Oakland's Restaurant, Inc., et al., respondents. (Index No. 9356/12)

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, Nassau County, entered August 6, 2015, and a judgment of the same court entered September 21, 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 entered August 6, 2015, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment entered September 21, 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 entered August 6, 2015, is denied as academic; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal from the judgment entered September 21, 2015, is granted, the appellant's time to perfect the appeal is enlarged until May 26, 2016, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court