Appellate Division: Second Judicial Department

M45031

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2006-02724, 2006-02726 David Torelli, appellant, v Joseph F. Connors, respondent; J&S Recovery and Storage Corp., counterclaim-respondent. (Index No. 13182/03)

DECISION & ORDER ON APPLICATION

ORDERED that the decision and order on application of this court dated September 25, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated January 30, 2006, and a decision of the same court also 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 the appeal from the order is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the appeal from the decision 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 to enlarge the time to perfect the appeals is denied as academic.

RITTER, J.P., GOLDSTEIN, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court