Appellate Division: Second Judicial Department

M235462

E/afa

MARK C. DILLON, J.P.

ROBERT J. MILLER

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2016-05679, 2017-06369 US Bank National Association, etc., respondent, v Teofilo Rios, appellant, et al., defendants. (Index No. 25305/10)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, dated February 29, 2016, and May 30, 2017, respectively, to dismiss the appeal from the order dated February 29, 2016, for failure to timely perfect. Separate motion by the appellant to stay the sale of the subject premises, to extend his time to serve and file opposition to the respondent's motion, and, in effect, to enlarge the time to perfect the appeal from the order dated February 29, 2016.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the appellant's motion which is to extend the appellant's time to serve and file opposition to the respondent's motion is granted and the opposition papers are deemed timely served and filed; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated May 30, 2017, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated February 29, 2016, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action on October 17, 2016 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motions are otherwise denied as academic.

DILLON, J.P., MILLER, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court