Appellate Division: Second Judicial Department

M217500

E/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-00775, 2015-00778, 2015-09572, 2015-10282, 2015-10284, 2015-10285, 2015-10286, 2015-10287 Marcelle B. Bichotte, respondent, v Ricardo O. Dunner, appellant. (Index No. 54403/11)

DECISION & ORDER ON MOTION

Motion by the appellant to reinstate appeals from an interlocutory judgment of the Supreme Court, Kings County, dated August 21, 2014, which was dismissed by decision and order on motion of this Court dated September 21, 2015, and an order of the same court dated December 16, 2014, to enlarge the time to perfect those appeals as well as appeals from six orders of the same court dated April 27, 2015, August 10, 2015, August 17, 2015 (two orders), and August 21, 2015 (two orders), to consolidate the appeals, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals from the orders dated August 10, 2015 (Appellate Division Docket No. 2015-10285), and August 21, 2015 (Appellate Division Docket No. 2015-10286), are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from orders that are not the result of motions made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the branch of the motion which is to reinstate the appeal from the interlocutory judgment (Appellate Division Docket No. 2015-00775), is denied; and it is further,

ORDERED that the branch of the motion which is to reinstate the appeal from order dated December 16, 2014 (Appellate Division Docket No. 2015-00778), is denied as unnecessary as that appeal has not been dismissed; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated December 16, 2014 (Appellate Division Docket No. 2015-00778), April 27, 2015 (Appellate Division Docket No. 2015-09572), August 17, 2015 (Appellate Division Docket Nos. 2015-10282 and 2015-102824), and August 21, 2015 (Appellate Division Docket No. 2015-10287), is granted, the time to perfect those appeals is enlarged until October 31, 2016, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated December 16, 2014 (Appellate Division Docket No. 2015-00778), April 27, 2015 (Appellate Division Docket No. 2015-09572), August 17, 2015 (Appellate Division Docket Nos. 2015-10282 and 2015-102824), and August 21, 2015 (Appellate Division Docket No. 2015-10287), is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeals from the orders dated December 16, 2014 (Appellate Division Docket No. 2015-00778), April 27, 2015 (Appellate Division Docket No. 2015-09572), August 17, 2015 (Appellate Division Docket Nos. 2015-10282 and 2015-102824), and August 21, 2015 (Appellate Division Docket No. 2015-10287), is denied with leave to renew by a motion made simultaneously with the perfection of those appeals; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., LEVENTHAL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court