Appellate Division: Second Judicial Department

M237905

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-12517, 2017-03238 In the Matter of Ryan T. G. (Anonymous). Todd Galinus, et al., petitioners-respondents; Elissa Haden, objectant-appellant. (File No. 480/16)

DECISION & ORDER ON MOTION

Motion by the objectant-respondent to consolidate appeals from an order of the Surrogate's Court, Orange County, dated October 7, 2016, and a decision of the same court dated January 19, 2017, and to enlarge the time to perfect the appeals. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and 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 notice of appeal from the decision is deemed to be a notice of appeal from a decree of the Surrogate's Court, Orange County, dated January 26, 2017 (see CPLR 5512[a]); and it is further,

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 decree in the above-entitled proceeding (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and considered on the appeal from the decree (see CPLR 5501[a][1]); and it is further,

ORDERED that the motion and the application are granted to the extent that the appellant's time to perfect the appeal from the decree is enlarged until November 20, 2017, the record or appendix and the appellant's brief shall be served and filed on or before that date, and the motion and the application are otherwise denied as academic.

CHAMBERS, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court