Opinion
Motion Nos. 2023-00540 KC 2023-392 KC
04-02-2024
Unpublished Opinion
MOTION DECISION
WAVNY TOUSSAINT, P.J. CHEREÉ A. BUGGS LISA OTTLEY, JJ.
DECISION & ORDER ON MOTION
Motions by appellant to consolidate the above-captioned appeals from orders of the Civil Court of the City of New York, Kings County, dated September 9, 2022, and March 17, 2023, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further, ORDERED, on the court's own motion, that the appeal from the order dated September 9, 2022 (appeal No. 2023-392 K C) is dismissed as the right of direct appeal from the intermediate order terminated with the entry of a final judgment on March 20, 2023 (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]); and it is further, ORDERED that the branches of the motions seeking consolidation of the appeals are denied as moot; and it is further, ORDERED that the branch of the motion in appeal No. 2023-392 K C seeking an enlargement of time to perfect the appeal from the order dated September 9, 2022 is denied as moot; and it is further, ORDERED that the branch of the motion in appeal No. 2023-540 K C seeking an enlargement of time to perfect the appeal from the order dated March 17, 2023 is granted and the appeal shall be perfected by May 17, 2024; and it is further, ORDERED that in the event that appeal No. 2023-540 K C is not perfected by May 17, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon the appellant in person.