Appellate Division: Second Judicial Department

M234235

U/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-10394, 2017-00061, 2017-00062 Capital One Taxi Medallion Finance, respondent, v JEB Management Corp., defendant, Ruben Elberg, appellant. (Index No. 608014/15)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated August 25, 2016, and November 15, 2016, respectively, and a judgment of the same court dated November 7, 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 dated August 25, 2016 (Appellate Division Docket No. 2016-10394) is dismissed, without costs or disbursements, as the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248), and the issues raised on the appeal from the order dated August 25, 2016, will be brought up for review and considered on appeal from the judgment (see CPLR 5501[a][1]); and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeals from the order dated November 15, 2016, and the judgement is enlarged until July 31, 2017, the record or appendix on those appeals and the appellant's brief shall be served and filed on or before that date, and the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court