Appellate Division: Second Judicial Department

M52366

T/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-08864, 2006-08994 Charles Bogannam, appellant, v Marianne Bogannam, respondent. (Index No. 388-04)

DECISION & ORDER ON APPLICATION

Application 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 March 3, 2006, and a judgment of the same court entered July 28, 2006.

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

ORDERED that on the court's own motion, 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 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 the appeal from the judgment is enlarged until May 18, 2007, and the record or appendix on the appeal from the judgment 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 in light of our determination.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court