Appellate Division: Second Judicial Department

M264313

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-09929, 2018-09930 Theresa Federico, etc., appellant-respondent, v Anthony Brancato, etc., respondent-appellant, et al., defendant. (Index No. 3133/12)

DECISION & ORDER ON MOTION

2018-12276

Theresa Federico, etc., appellant,

v Anthony Brancato, etc., respondent,

et al., defendant.

(Index No. 3133/12)

Motion by Theresa Federico on appeals and cross appeals from a decision of the Supreme Court, Suffolk County, dated July 13, 2017, and a judgment of the same court entered July 13, 2018, and an appeal from an order of the same court dated July 10, 2018, to extend the time to perfect the appeals, and to consolidate the appeals and cross appeals from the judgment and the decision with the appeal from the order.

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 and cross appeal from the decision are 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 extend the time to perfect the appeals from the judgment and the order is granted and the time to perfect the appeals from the judgment and the order is extended until August 12, 2019; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal and cross appeal from the judgment with the appeal from the order is denied as unnecessary as the appeal and cross appeal from the judgment may be consolidated as of right with the appeal from the order (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court