Appellate Division: Second Judicial Department

M219315

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-04438, 2016-04439, 2016-04440 Laurie Burns, respondent, v Lee W. Burns, appellant. (Index No. 808/13)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Orange County, dated November 5, 2015, an order of the same court dated January 27, 2015, and a judgment of the same court dated February 25, 2016.

Upon the papers filed in support of the application 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 decision dated November 5, 2015, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated January 27, 2015, is dismissed without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment dated February 25, 2016, in the above-entitled action and the issues raised on the appeal from the order dated January 27, 2015, will be reviewed on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect that appeal is enlarged until December 8, 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.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court