Levy v Levy
Motion No: 2006-02230
Slip Opinion No: 2006 NYSlipOp 74004(U)
Decided on August 17, 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

M43478

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-02230

Michael Levy, respondent,

v Lynn Levy, appellant.

(Index No. 04-08169)

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, Westchester County, dated January 30, 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 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.

MILLER, J.P., RITTER, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court