Appellate Division: Second Judicial Department

M272775

E/mb

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2020-01087 Gerard J. Crudele, appellant, v Jennifer C. Price, defendant, Smithtown Fire Department, et al., respondents. (Index No. 600446/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 17, 2020. Separate motions by the respondents to dismiss the appeal insofar as taken against them on the ground that dismissal of a purported prior appeal for failure to perfect precludes consideration of the issues to be raised by this appeal pursuant to Bray v Cox (38 NY2d 350). Cross motion by the appellant to confirm that the order dated January 17, 2020, is appealable as of right and to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that the branch of the cross motion which is to confirm that the order dated January 17, 2020, is appealable as of right is denied as unnecessary (CPLR 5701[a]); and it is further,

ORDERED that the branch of the cross motion which is to extend the time to perfect the appeal is denied without prejudice to renew upon a showing of extreme hardship (see ADM 2020-0707).

RIVERA, J.P., MALTESE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court