| Matter of Kelly v Northport Yacht Club, Inc. |
| Motion No: 2006-03259 +1 |
| Slip Opinion No: 2006 NYSlipOp 80399(U) |
| Decided on November 21, 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
M47084
J/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2006-03259, 2006-05491 In the Matter of William Kelly, appellant, v Northport Yacht Club, Inc., etc., respondent. (Index No. 21554-05)
| DECISION & ORDER ON APPLICATION |
Applications 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, Suffolk County, dated February 24, 2006, and a judgment of the same court, entered May 2, 2006.
ORDERED that on the court's own motion, the appeal from the decision dated February 24, 2006, is dismissed, without costs or disbursements, on the ground that 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 appeal from the judgment entered May 2, 2006, is granted, the appellant's time to perfect that appeal is enlarged until January 31, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application to enlarge the time to perfect the appeal from the decision dated February 24, 2006, is denied as academic.
KRAUSMAN, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court