Appellate Division: Second Judicial Department

M47367

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2006-05279, 2006-05280 Darlene Embury, appellant, v James Embury, respondent. (Index No. 04-149)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from findings of fact and conclusions of law of the Supreme Court, Westchester County, dated December 21, 2005, and a judgment of the same court also dated December 21, 2005.

Upon the papers filed on support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal from the findings of fact and conclusions of law (Appellate Division Docket No. 2006-05279) is dismissed, without costs or disbursements, as no appeal lies from findings of fact and conclusions of law (see Benedetto v O'Grady, 10 AD2d 628); 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 January 22, 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 is otherwise denied as academic.

PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court