| Matter of Miriam Osborn Memorial Home Association v A |
| Motion No: 2007-06412 |
| Slip Opinion No: 2007 NYSlipOp 85964(U) |
| Decided on December 12, 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
M63620
S/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-06412
In the Matter of Miriam Osborn Memorial Home Association, appellant-respondent, v Assessor of City of Rye, et al., respondents-appellants. (Index Nos. 17175/97, 18077/98, 16567/99, 16113/00, 16626/01, 18115/02, 16987/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a decision of the Supreme Court, Westchester County, dated December 30, 2006.
Upon the papers submitted in support of the application and upon the stipulation of the parties, it is
ORDERED that on the court's own motion the appeal and cross appeal are 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.
MASTRO, J.P., FISHER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court