Appellate Division: Second Judicial Department

M214280

J/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2016-00133, 2016-01981 Rupert Hicks, appellant, v Mohammed Azim Aibani, et al., respondents. (Index No. 17329/13)

DECISION & ORDER ON MOTION

Application 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, Queens County, entered November 30, 2015, and a judgment of the same court entered January 28, 2016.

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 November 30, 2015, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of judgment in the above-entitled action (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 the appeal from the judgment entered January 28, 2016; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment entered January 28, 2016, is granted, the appellant's time to perfect that appeal is enlarged until October 11, 2016, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court