| Burton v Burton |
| Motion No: 2015-02333 |
| Slip Opinion No: 2016 NY Slip Op 80221(U) |
| Decided on July 21, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M215203
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2015-02333, 2016-03646 Frank Burton, et al., respondents, v Pierre Burton, appellant. (Index No. 102821/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order and interlocutory judgment (one paper) of the Supreme Court, Richmond County, dated January 14, 2015, to consolidate that appeal with an appeal from a order of the same court dated February 18, 2016, and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal from the order and interlocutory judgment for failure to timely perfect, and to dismiss the appeal from the order on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and the appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]; CPLR 5701).
ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court