Matter of Zupa v Board of Trustees Town of Southold
Motion No: 2006-11023
Slip Opinion No: 2007 NYSlipOp 70413(U)
Decided on May 30, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M54908

S/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-11023

In the Matter of Mary S. Zupa, et al.,

appellants, v Board of Trustees of Town

of Southold, et al., respondents.

(Index No. 2080-06)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Suffolk County, dated October 11, 2006.

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

ORDERED that on the court's own motion the appeal 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 is denied as academic.

SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court