Appellate Division: Second Judicial Department

M219396

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-12430, 2016-03074, 2016-03075, 2016-03076, 2016-05444, 2016-05756 R.S. Raghavendra, also known as Randy S. Raghavendra, etc., appellant, v Louis D. Stober, Jr., et al., respondents. (Index No. 604419/15)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated June 17, 2016, as dismissed an appeal from an order to show cause of the Supreme Court, Nassau County, dated August 28, 2015, and to reinstate that appeal, to enlarge the time to perfect that appeal as well as appeals from five orders of the same court entered November 20, 2015, March 4, 2016 (three orders), and April 13, 2016, respectively, to consolidate the appeals, and to enlarge the record to include certain material.

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 appeal from the order entered April 13, 2016, is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (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 recall and vacate so much of the decision and order on motion of this Court dated June 17, 2016, as dismissed the appeal from the order to show cause dated August 28, 2015, and reinstate that appeal is denied; and it is further,

ORDERED that the branches of the motion which are for consolidation and for an enlargement with respect to the order entered April 13, 2016, and the order to show cause dated August 28, 2015, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order entered November 20, 2015, with the appeals from the orders entered March 4, 2016, 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 enlarge the time to perfect the appeals from the order entered November 20, 2015, and the orders entered March 4, 2016, is granted, the appellant's time to perfect those appeals is enlarged until November 30, 2016, and the record or appendix 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 enlarge the record to include certain material is denied.

DILLON, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court