Opinion
Motion No: 2010-08214 2011-05777 2011-05778 2011-06653 Index No. 5400-08 14717/09 M123912
08-18-2011
In the Matter of Bert Wohl, etc., respondent, v. Ernest Fequiere, et al., appellants. (Matter No. 1) Bert Wohl, etc., respondent, v. Lourdes Marie Dorce, appellant.(Matter No. 2)
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant Lourdes Marie Dorce on an appeal by her from a decision of the Supreme Court, Queens County, dated March 2, 2010 (Appellate Division Docket No. 2010-08214), and separate appeals by Ernest Fequiere from the same decision, and two orders of the same court dated March 19, 2008 (Appellate Division Docket No. 2011-06653), and August 3, 2010 (Appellate Division Docket No. 2011-05777), all entered in Matter No. 1, and a judgment of the same court dated August 3, 2010, entered in Matter No. 2 (Appellate Division Docket No. 2011-05778), to enlarge the record on the appeal from the decision dated March 2, 2010, pending under Appellate Division Docket No. 2010-08214. Separate motion by the respondent to dismiss the appeals by Ernest Fequiere from the orders dated March 19, 2008, and August 3, 2010, on the ground that they were entered upon his default, and from the judgment dated August 3, 2010, on the ground that he is not aggrieved by the judgment. Cross motion by Ernest Fequiere to enlarge the record on the appeals pending under Appellate Division Docket Nos. 2010- 08214, 2011-05777, and 2011-05778, and to enlarge the appellants' time to perfect those appeals. Application by Lourdes Marie Dorce to enlarge the time to perfect her appeal.
Upon the papers filed in support of the motions, the cross motion, and the application, and the papers filed in opposition to the motions and no papers having been filed in opposition to the cross motion or the application, it is
ORDERED that on the court's own motion the notice of appeal by Lourdes Marie Dorce from the decision dated March 2, 2010, is deemed to be a notice of appeal from the order dated August 3, 2010 (see CPLR 5512), and the appeal shall be prosecuted under Appellate Division Docket No. 2011-05777; and it is further,
ORDERED that the motion of Lourdes Marie Dorce to enlarge the record is denied; and it is further,
ORDERED that the application is denied as academic as Lourdes Marie Dorce timely perfected her appeal; and it is further,
ORDERED that the motion by the respondent is granted and the appeals by Ernest Fequiere from the order dated March 19, 2008 (Appellate Division Docket No. 2011-06653), the order dated August 3, 2010 (Appellate Division Docket No. 2011-05777), and the judgment dated August 3, 2010 (Appellate Division Docket No. 2011-05778), are dismissed, without costs or disbursements; and it is further,
ORDERED that on the Court's own motion, the appeal by Ernest Fequiere from the decision dated March 2, 2010 (Appellate Division Docket No. 2010-08214), is dismissed as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the cross motion by Ernest Fequiere to enlarge the record on the appeals and to enlarge the time to perfect his appeals is denied as academic.
DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court