Appellate Division: Second Judicial Department

M59608

E/sl

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-01810, 2007-08336 Ezriel Scher, respondent, v Yeshivath Makowa Corp., appellant. (Index No. 02-7658)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Rockland County, dated December 23, 2006, and a judgment of the same court dated January 19, 2007, to stay enforcement of the judgment pending hearing and determination of the appeals and, in effect, to enlarge the time to perfect the appeal from the judgment.

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 decision (Appellate Division Docket No. 2007-08336), 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 motion which is to stay enforcement of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment (Appellate Division Docket No. 2007-01810) is granted, the appellant's time to perfect the appeal is enlarged until November 26, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court