Appellate Division: Second Judicial Department

M35297

T/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-06598, 2005-06600 Came Realty, LLC, respondent-appellant, v Canadian Imperial Bank of Commerce, appellant-respondent. (Index No. 7914/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the record on appeals and cross appeals from a decision of the Supreme Court, Rockland County, dated June 7, 2005, and a judgment of the same court dated June 14, 2005. Separate application by the appellant-respondent to enlarge its time to perfect the appeals.

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

ORDERED that on the court's own motion, the appeal from the decision dated June 7, 2005, is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal from the judgment dated June 14, 2005 is enlarged until March 3, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before April 17, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellant-respondent shall serve and file its reply brief on or before May 5, 2006; and it is further,

ORDERED that the respondent-appellant shall serve and file its reply brief on or before May 25, 2006.

ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court