Appellate Division: Second Judicial Department

M50999

E/nl

WILLIAM F. MASTRO, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2006-08235, 2006-10083 Linda A. Rackis, appellant-respondent, v Robert C. Adelman, respondent-appellant. (Index No. 11036/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal from a clerk's extract of the trial minutes of the Supreme Court, Richmond County, dated May 25, 2006, and an appeal and cross appeal from a decision and order (one paper) of the same court dated July 27, 2006, to enlarge the time to perfect the appeals.

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

ORDERED that on the court's own motion, the appeal from the clerk's extract of the trial minutes is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the trial minutes (see Rockman v Brosnan, 280 AD2d 591); and it is further,

ORDERED that on the court's own motion, the appeal and cross appeal from the decision and order are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509), and no appeal lies as of right from an order that does not decide a motion made on notice, and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

MASTRO, J.P., KRAUSMAN, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court