| Zaccari v Progressive Northwestern Insurance Co. |
| Motion No: 2006-00734 +1 |
| Slip Opinion No: 2006 NYSlipOp 72014(U) |
| Decided on July 13, 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
M42038
S/sl
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-00734, 2006-01006 Peter Zaccari, respondent, v Progressive Northwestern Insurance Co., appellant. (Index No. 18308/05)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Kings County, dated December 28, 2005, and a judgment of the same court entered January 20, 2006.
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 from the decision (Appellate Division Docket No. 2006-00734) 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 branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted and the appellant's time to perfect that appeal is enlarged until September 12, 2006, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court