Appellate Division: Second Judicial Department

M307534

AFA/

MARK C. DILLON, J.P.

LAURENCE L. LOVE

JAMES P. MCCORMACK

SUSAN QUIRK, JJ.

2024-08788 Michael Miller, respondent, v Erica Toledo, appellant. (Index No. 675/2023)

DECISION & ORDER ON MOTION

2025-04585

Michael Miller, respondent, v Erica

Toledo, appellant, et al., defendant.

(Index No. 675/2023)

Appeals from an order of the Supreme Court, Nassau County, dated June 24, 2024, and a judgment of the same court dated January 27, 2025. Motion by the appellant to consolidate the appeals and to extend the time to perfect the appeals.

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

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

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

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the judgment is granted, and on or before September 28, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., LOVE, MCCORMACK and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court