| Cardinale v State of New York |
| Motion No: 2006-11244 |
| Slip Opinion No: 2007 NYSlipOp 70501(U) |
| Decided on May 31, 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. |
Appellate Division: Second Judicial Department
M55285
S/sl
ANITA R. FLORIO, J.P.
STEVEN W. FISHER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2006-11244
Joseph D. Cardinale, appellant, v State of New York, respondent. (Claim No. 108839)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Court of Claims dated September 29, 2006.
Now, upon the court's own motion, it is
ORDERED that the appeal 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 application is denied as academic.
FLORIO, J.P., FISHER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court