Appellate Division: Second Judicial Department

M250570

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2017-07623, 2017-11383 In the Matter of Garrett Lake, appellant, v Town of Southold, respondent. (Index No. 5898/16)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated July 17, 2017, and a judgment of the same court entered August 30, 2017, and to consolidate the appeals.

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 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 and leave to appeal has not been granted (see CPLR 5701[b][1]); the issues raised on the appeal from the order 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 enlarge the time to perfect the appeal from the judgment is granted, and the appellant's time to perfect the appeal from the judgment is enlarged until July 23, 2018; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court