Levine v Catskill Regional Off-Track Betting Corporation
Motion No: 2007-07105
Slip Opinion No: 2007 NYSlipOp 87684(U)
Decided on December 31, 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

M64183

S/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

THOMAS A. DICKERSON, JJ.

2007-07105, 2007-07106, 2007-07107,

2007-07108

Ronald I. Levine, etc., respondent-appellant,

v Catskill Regional Off-Track Betting Corporation,

appellant-respondent.

(Index No. 04-5085)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from a decision of the Supreme Court, Rockland County, dated April 18, 2007, and three orders of the same court dated May 3, 2007, June 2, 2007, and July 11, 2007, respectively

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the appeal from the decision dated April 18, 2007, 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 appeals from the orders are dismissed, without costs or disbursements, as the orders are not appealable as of right (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the application is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court