Appellate Division: Second Judicial Department

M215560

T/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2015-08353, 2015-08356, 2015-08357, 2015-09076, 2015-09077, 2015-09078, 2016-02627 Sheila Bottini, appellant, v Anthony R. Bottini, Jr., defendant-respondent; Bottini Holdings Inc., et al., nonparty-respondents. (Appeal Nos. 1 through 6) Sheila Bottini, appellant, v Anthony R. Bottini, Jr., respondent. (Appeal No. 7) (Index No. 3222/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix on appeals from six orders of the Supreme Court, Dutchess County, dated February 23, 2015, April 27, 2015, May 28, 2015, May 29, 2015, June 8, 2015, and June 29, 2015, respectively. Cross motion by Anthony R. Bottini, Jr., the defendant-respondent in Appeal Nos. 1 through 6 and the respondent in Appeal No. 7, to dismiss the appeals from the orders dated February 23, 2015, April 27, 2015, May 28, 2015, May 29, 2015, June 8, 2015, and June 29, 2015, respectively, on the ground that the right of direct appeal therefrom will terminate once a judgment is entered in the action, and to dismiss an appeal from an order of the same court dated December 23, 2015, on the ground that the appeal was untimely taken. Separate applications by Anthony R. Bottini, Jr., and the nonparty-respondents in Appeal Nos. 1 through 6 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated December 23, 2015 (Appellate Division Docket No. 2016-02627), is granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the applications are granted, the applicants' time to serve and file their respective briefs is enlarged until August 29, 2016, and the applicants' briefs must be served and filed on or before that date.

CHAMBERS, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court