Appellate Division: Second Judicial Department

M265390

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-06707 Raj Thakur, appellant, v Radha Rani, respondent. (Index No. 7367/15)

DECISION & ORDER ON MOTION

2017-13120

Raj K. Thakur, appellant,

v Radha Rani, respondent.

(Index No. 7367/15)

2018-09205

Raj K. Thakur, appellant,

v Radha Rani, respondent.

(Index No. 7367/15)

Motion by the respondent to strike the appellant's brief and the appellant's appendix on an appeal from an order of the Supreme Court, Queens County, dated May 11, 2017, for an award of costs, and to extend the time to serve and file a brief, and application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief. Separate motion by the respondent to strike the appellant's brief and the appellant's appendix on an appeal from an order of the Supreme Court, Queens County, dated October 23, 2017, for an award of costs, and to extend the time to serve and file a brief, and application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief. Separate motion by the appellant for leave to reargue a prior motion, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Queens County, entered June 15, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), which was determined by decision and order of this Court dated June 11, 2019, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the applications 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 order dated May 11, 2017, 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 on the Court's own motion, the appeal from the order dated October 23, 2017, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the respondent's motions and applications are denied as academic; and it is further,

ORDERED that the appellant's motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court