Amato v Fast Repair Incorporated
Motion No: 2005-09322
Slip Opinion No: 2006 NYSlipOp 65746(U)
Decided on March 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M37878

S/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09322

James Amato, respondent,

v Fast Repair Incorporated, etc., et al., appellants.

(Index No. 27226/00)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated September 8, 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, as 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.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court