Appellate Division: Second Judicial Department

M235852

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2016-12535 Jonathan Kolatch, appellant, v New York State Electric & Gas Corporation, et al., respondents. (Index No. 446/13)

DECISION & ORDER ON MOTION

Motion by the respondents New York State Electric & Gas Corporation and Samuel Miller to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated October 18, 2016, on the ground that the right to appeal terminated upon entry of an order of the same court dated March 30, 2017. Separate motion by the respondent Lewis Tree Service, Inc., to dismiss the appeal on the ground that the right to appeal terminated upon entry of the order dated March 30, 2017, and the appellant has no right to appeal from the order dated March 30, 2017. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

ORDERED that the motions are denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until October 30, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court