| Marion v Castellano |
| Motion No: 2005-08979 |
| Slip Opinion No: 2006 NYSlipOp 65598(U) |
| Decided on March 27, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37686
T/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-08979 Robert Marion, et al., respondents, v Richard Castellano, appellant, et al., defendant. (Index No. 10139/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Richmond County, dated June 28, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal 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 application is denied as academic.
KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court