Appellate Division: Second Judicial Department

M279216

E/sl

HECTOR D. LASALLE, P.J.

REINALDO E. RIVERA

COLLEEN D. DUFFY

WILLIAM G. FORD, JJ.

2020-08211 Brenda Dow, plaintiff-respondent, v Consolidated Edison Company of New York, Inc., defendant third-party plaintiff-appellant; D'Onofrio General Contractors, Corp., third-party defendant-respondent. (Index No. 10570/2014)

DECISION & ORDER ON MOTION

2020-09032

Brenda Dow, plaintiff-respondent, v Consolidated

Edison Company of New York, Inc., defendant

third-party plaintiff-appellant; D'Onofrio General

Contractors, Corp., third-party defendant-respondent.

(Index No. 10570/2014)

Appeals from an order of the Supreme Court, Kings County, dated July 31, 2020, and a judgment of the same court entered October 30, 2020. Motion by the defendant third-party plaintiff-appellant, inter alia, to extend the time to perfect the appeal from the order. By order to show cause dated July 19, 2021, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment, and the branch of the motion which is to extend the time to perfect the appeal from the order was held in abeyance in the interim. Separate motion by the defendant third-party plaintiff-appellant to extend the time to perfect the appeal from the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion, inter alia, to extend the time to perfect the appeal from the order and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to perfect the appeal from the judgment and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated July 31, 2020, is granted and that appeal is dismissed (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order is denied as academic; and it is further,

ORDERED that the motion to extend the time to perfect the appeal from the judgment is granted, and on or before October 20, 2021, the defendant third-party plaintiff-appellant shall serve and file the record or appendix and the defendant third-party plaintiff-appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the defendant third-party plaintiff-appellant's brief and upload digital copies of the record or appendix and the defendant third-party plaintiff-appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

LASALLE, P.J., RIVERA, DUFFY and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court