Appellate Division: Second Judicial Department

M215508

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-10205, 2015-10208 Francis Donahue, et al., appellants-respondents, v Henry Matthews, respondent-appellant. (Index No. 25751/10)

DECISION & ORDER ON MOTION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from two orders of the Supreme Court, Kings County, dated February 23, 2015, and July 20, 2015, respectively. By order to show cause dated May 24, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross appeal from the order dated February 23, 2015, on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice and leave to appeal had not been granted, and dismissing the appeal and cross appeal from the order dated July 20, 2015, on the ground that no appeal lies from an order denying reargument. Application by the appellants-respondents to withdraw the appeals and to withdraw the application to enlarge the time to perfect the appeals and cross appeals. Application by the respondent-appellant to withdraw the cross appeals.

Now, upon the order to show cause and the papers filed in response thereto, and 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 the application to withdraw the appeals and the application to enlarge the time to perfect the appeals and cross appeals, and the application to withdraw the cross appeals are granted, and the appeals and cross appeals, and the application to enlarge the time to perfect the appeals and cross appeals are deemed withdrawn; and it is further,

 ORDERED that the motion to dismiss the appeal is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court