Appellate Division: Second Judicial Department

M239347

E/afa

MARK C. DILLON, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-12408 Joseph M. Dockery, et al., appellants, v Barrett A. Eisenstat, etc., et al., defendants, Andrew R. Peck, etc., et al., respondents. (Index No. 601468/13)

DECISION & ORDER ON MOTION

2016-12915

Joseph M. Dockery, et al., appellants,

v Barrett A. Eisenstat, etc., et al., defendants,

Andrew R. Peck, etc., et al., respondents.

(Index No. 601468/13)

Motion by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, entered October 26, 2016, and a judgment of the same court entered November 30, 2016. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of 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 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 judgment in the above-entitled action (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 judgment; and it is further,

ORDERED that the application is denied as academic; and it is further,

ORDERED that the motion is granted to the extent that the appellants' time to perfect the appeal from the judgment is enlarged until November 16, 2017, the record or appendix and the appellants' brief shall be served and filed on or before that date, and the motion is otherwise denied as academic; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court