Appellate Division: Second Judicial Department

M64169

S/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

THOMAS A. DICKERSON, JJ.

2007-05864, 2007-05868, 2007-05872 William John Rudge, etc., et al., respondents, v Adeline Latopolski, appellant, et al., defendants. (Action No. 1) (Index No. 20419-02) Adeline Latopolski, etc., appellant, v William John Rudge IV, etc., et al., respondents. (Action No. 2) (Index No. 31370-02)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated January 16, 2007, a decision of the same court dated January 26, 2007, and a judgment of the same court dated March 5, 2007.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal from the decision dated January 26, 2007 (Appellate Division Docket No. 2007-05872), 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 branches of the application which are to enlarge the time to perfect the appeals from the order and the judgment are granted, the appellant's time to perfect those appeals is enlarged until February 18, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the decision is denied as academic.

MASTRO, J.P., SANTUCCI, BALKIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court