Appellate Division: Second Judicial Department

M241087

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2017-03191, 2017-03193, 2017-03194, 2017-03195, 2017-03196, 2017-03197, 2017-03198, 2017-03199 Marcelle Bichotte, respondent, v Ricardo O. Dunner, appellant. (Index No. 54403/11)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance appeals from a decision of the Supreme Court, Kings County, dated February 8, 2017, and seven orders of the same court dated June 1, 2016, September 9, 2016, October 18, 2016, October 19, 2016, December 5, 2016, February 8, 2017, and February 17, 2017, respectively, to enlarge the time to perfect the appeals, and to waive the motion filing fee.

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 decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated September 9, 2016, October 18, 2016, December 5, 2016, and February 17, 2017, are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that on the Court's own motion, the appeal from so much of the order dated February 8, 2017, as referred for a hearing the balance of the relief requested in motion sequences nos. 40 and 42, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further, ORDERED that on the Court's own motion, the appeals from the orders dated June 1, 2016, and October 19, 2016, and so much of the order dated February 8, 2017, as determined, in part, relief requested in motion sequences nos. 40 and 42, are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment dated March 1, 2017 (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from those orders may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee is granted and the motion is otherwise denied as academic.

DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court