Appellate Division: Second Judicial Department

M255876

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2017-11511 Tribeca Lending Corporation, plaintiff, v Linden H. Moogan, etc., et al., appellants, et al., defendants; Deutsche Bank National Trust Co., etc., nonparty-respondent. (Index No. 13164/08)

DECISION & ORDER ON MOTION

2018-00737

Tribeca Lending Corporation, plaintiff,

v Linden H. Moogan, etc., et al., appellants,

et al., defendants; Deutsche Bank National

Trust Co., etc., nonparty-respondent.

(Index No. 13164/08)

Motion by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated May 22, 2017, and a judgment of the same court dated October 18, 2017, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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 any right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); 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 branches of the motion which are to consolidate the appeals and to enlarge the time to perfect the appeal from the order are denied as academic; 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 appellants' time to perfect the appeal from the judgment is enlarged until October 29, 2018.

BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court