Appellate Division: Second Judicial Department

M238894

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-03316, 2016-08669 John Dowling, appellant, v Terrace City Lodge 1499 IBPOE, respondent. (Index No. 71275/14)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated March 29, 2016, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court dated July 11, 2016, in the above-entitled action or, in the alternative, to calendar the appeals together, and to enlarge the time to serve and file a brief in connection with the appeal from the judgment.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated March 29, 2016, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief in connection with the appeal from the judgment is granted, the respondent's time to serve and file a brief is enlarged until November 9, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court