Appellate Division: Second Judicial Department

M253699

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-11370 In the Matter of Burton B. Brous Revocable Trust. Peter A. Eisenberg, petitioner-respondent; Susan McGuire Brous, respondent-respondent; Burton B. Brous, etc., objectant-appellant. (File No. 3788/13)

DECISION & ORDER ON MOTION

2018-06931

In the Matter of Burton B. Brous Revocable Trust.

Peter A. Eisenberg, petitioner-respondent;

Susan McGuire Brous, respondent-respondent;

Burton B. Brous, etc., objectant-appellant.

(File No. 3788/13)

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Suffolk County, dated August 18, 2017, and to consolidate that appeal with an appeal from a decision of the same court dated April 25, 2018.

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 notice of appeal from the decision is deemed to be a notice of appeal from a decree of the same court dated May 24, 2018 (see CPLR 5512[a]); and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated August 18, 2017, is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the decree dated May 24, 2018 (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order dated August 18, 2017, may be brought up for review and raised on the appeal from the decree; and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court