Appellate Division: Second Judicial Department

M252772

E/mm

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-10835, 2017-11316, 2017-11317, 2017-11318 Meredith Bernstein, appellant-respondent, v Mark Bernstein, respondent-appellant; Law Offices of Eyal Talassazan, P.C., nonparty-respondent. (Index No. 201141/14)

DECISION & ORDER ON MOTION

Application by Meredith Bernstein pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect her appeal from an order of the Supreme Court, Nassau County, dated August 23, 2017 (Appellate Division Docket No. 2017-10835). Separate application by Mark Bernstein to enlarge the time to perfect his cross appeal from the order dated August 23, 2017 (Appellate Division Docket No. 2017-10835), his appeal from an order of the same court also dated August 23, 2017 (Appellate Division Docket No. 2017-11316), and his appeals from two decisions and orders (one paper each) of the same court also dated August 23, 2017 (Appellate Division Docket Nos. 2017-11317, 2017-11318). By order to show cause dated May 11, 2018, the parties to the appeals and cross appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing (1) the appeals from the decisions and orders in the above-entitled action on the grounds that no appeal lies from a decision and no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted, and (2) the appeal and cross appeal from the order under Appellate Division Docket No. 2017-10835 and the appeal from the order under Appellate Division Docket No. 2017-11316 on the ground that no appeal or cross appeal lies from orders that determine a motion to reargue or renew a decision, and the applications were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeals and the cross appeal is granted, and the appeals and the cross appeal are dismissed, without costs or disbursements (see CPLR 5701; Zabezhanskaya v. Dinhofer, 2 A.D.3d 521; DeFalco v JRS Confectionary, 118 AD2d 752, 753; Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the applications are denied as academic.

CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court