Zitz v Zitz
Motion No: 2006-11689
Slip Opinion No: 2007 NYSlipOp 73327(U)
Decided on July 10, 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

M56948

E/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-11689

Jennie Zitz, respondent, v Rudolph Zitz,

defendant; Collete Tebele, nonparty-appellant.

(Action No. 1)

Rudolph Zitz, plaintiff, v Elsie Zitz, respondent;

Collete Tebele, nonparty-appellant.

(Action No. 2)

(Index Nos. 8021/90, 10758/91)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated October 19, 1995.

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 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 motion is denied as academic.

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court