Appellate Division: Second Judicial Department

M257263

E/mm

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-00853, 2018-00854, 2018-00863 In the Matter of Ruth S. (Anonymous). Judith Nelson, etc., et al., appellant; Bonnie Stein, respondent. (Index No. 100011/2009)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated October 5, 2017, an order of the same court also dated October 5, 2017, and a judgment of the same court dated December 4, 2017.

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 decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appeal from the order is 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); and it is further,

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal from the judgment is extended until December 10, 2018, the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date, and the motion is otherwise denied as academic; and it is further,

ORDERED that no further extension of time shall be granted.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court