Appellate Division: Second Judicial Department

M223629

J/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-06750, 2016-06754 Federal National Mortgage Association, appellant, v Nissim Max Azoulay, also known as Max Azoulay, respondent, et al., defendants. (Index No. 22095/08)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated March 10, 2016, and an amended judgment of the same court dated April 26, 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 order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the amended judgment in the above-entitled action, and the issues to be raised in connection with the appeal from the order will be brought up for review on the appeal from the amended 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 amended judgment is granted, the appellant's time to perfect that appeal is enlarged until February 15, 2017, 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