Appellate Division: Second Judicial Department

M238306

E/sl

RUTH C. BALKIN, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2016-10584, 2016-10585, 2017-03705 Ascentium Capital, LLC, respondent, v Empire Medical Services of Long Island, P.C., et al., appellants. (Index No. 606265/15)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from an order of the Supreme Court, Nassau County, entered July 7, 2016, and a judgment of the same court entered August 12, 2016, with an appeal from an order of the same court entered February 14, 2017, and to enlarge the time to perfect the appeals. Cross motion by the respondent to dismiss the appeal from the order entered February 14, 2017, on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion 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 entered July 7, 2016, is dismissed, without costs or disbursements, on the ground that the right of direct appeal terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 291, 298), and the issues raised on the appeal from the order 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the judgment and order, entered February 14, 2017, is granted, and the time to perfect those appeals is enlarged until October 26, 2017; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., HINDS-RADIX, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court