Appellate Division: Second Judicial Department

M260341

E/mm

WILLIAM F. MASTRO, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2017-09613 Deutsche Bank National Trust Company, etc., appellant, v Anthony Kenny, respondent, et al., defendants. (Index No. 130801/10)

DECISION & ORDER ON MOTION

2018-10570

Deutsche Bank National Trust Company, etc.,

appellant, v Anthony Kenny, respondent,

et al., defendants.

(Index No. 130801/10)

Motion by the appellant to consolidate appeals from a decision of the Supreme Court, Richmond County, dated June 16, 2017, and an order of the same court dated April 25, 2018, and to deem the record and briefs filed in connection with the appeal from the decision also to be filed in connection with the appeal from the order. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal from the order dated April 25, 2018.

Upon the papers filed in support of the motion and the application, 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 the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to deem the record and briefs filed in connection with the appeal from the decision also to be filed in connection with the appeal from the order is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal from the order dated April 25, 2018, is extended until April 15, 2019.

MASTRO, J.P., MALTESE, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court