| Matter of Miriam Osborn Memorial Home Association v A |
| Motion No: 2007-06626 |
| Slip Opinion No: 2007 NYSlipOp 85965(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
M63621
S/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER`
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-06626, 2007-06627
In the Matter of Miriam Osborn Memorial Home Association, respondent-appellant, v Assessor of City of Rye, et al., appellants-respondents. (Index Nos. 17175/97, 18077/98, 16567/99, 16113/00, 16626/01, 18115/02, 16987/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated March 20, 2006, and a decision of the same court dated June 5, 2007.
Upon the papers submitted 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 appeals and cross appeal from the order are dismissed, without costs or disbursements, as no appeal lies from an order determining the admissibility of evidence during trial (see Kopstein v City of New York, 87 AD2d 547; Brown v Micheletti, 97 AD2d 529); and it is further,
ORDERED that the appeal and cross appeal from the decision 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