Appellate Division: Second Judicial Department

M252133

E/afa

ALAN D. SCHEINKMAN, P.J.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-02276 Anonymous, etc., appellant, v Anna Zolonitskaya, etc., et al., respondents. (Index No. 57683/16)

DECISION & ORDER ON MOTION

2017-10992, 2018-07794

Anonymous, etc., appellant,

v Anna Zolonitskaya, etc.,

et al., respondents.

(Index No. 57683/16)

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, dated January 23, 2017, and August 24, 2017, respectively. Cross motion by the respondents Maria Fareri Children's Hospital, Westchester County Medical Center, and Westchester County Health Care Corporation to dismiss the appeals for failure to timely perfect.

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

ORDERED that on the Court's own motion, the notice of appeal from the order dated August 24, 2017, is deemed also to be a notice of appeal from a judgment of the Supreme Court, Westchester County, dated June 6, 2018 in the above-entitled action (see CPLR 5501[c]); and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated January 23, 2017, and August 24, 2017, are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeals from the orders may be brought up for review and raised on the appeal from the judgment; and it is further,

ORDERED that the motion is granted, and the appellant's time to perfect the appeal from the judgment is enlarged until July 20, 2018; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the cross motion is denied.

SCHEINKMAN, P.J., DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court