Appellate Division: Second Judicial Department

M44077

A/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2006-02375, 2006-02376 Donald Faello, respondent-appellant, v Rosetta Faello, appellant-respondent. (Index No. 203632/04)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Nassau County, dated October 20, 2005, and a judgment of the same court entered February 6, 2006.

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

ORDERED that on the court's own motion, the appeal and cross appeal from the decision (Appellate Division Docket No. 2006-02375) are 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-respondent's time to perfect the appeal is enlarged until October 2, 2006, and the record or appendix on the appeal 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 his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the application is otherwise denied as academic.

ADAMS, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court