Appellate Division: Second Judicial Department

M230502

E/afa

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2016-09463 Asher Ganach, doing business as Midwood Collision, etc., appellant, v Charles Milloul, et al., respondents. (Index No. 502586/16)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 9, 2016. By order to show cause dated March 8, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order was not appealable as of right as it was not the result of a motion made on notice and leave to appeal had not been granted

Now, upon the order to show cause and the papers filed in response thereto, and 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 the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until July 3, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENG, P.J., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court