| Berry v Williams |
| Motion No: 2007-02916 |
| Slip Opinion No: 2008 NYSlipOp 60950(U) |
| Decided on January 14, 2008 |
| 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
M64832
E/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
THOMAS A. DICKERSON, JJ.
|
2007-02916, 2007-05674 David Berry, et al., respondents-appellants, v Randolph L. Williams, etc., et al., appellants- respondents. (Appeal No. 1) David Berry, et al., respondents, v Randolph L. Williams, etc., et al., appellants. (Appeal No. 2) (Index No. 4973/00)
| DECISION & ORDER ON MOTION |
Motion by David Berry, Joseph Governale, and Willberry Corporation, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated May 3, 2007 (Appellate Division Docket No. 2007-05674), and for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated October 18, 2007, which dismissed an appeal from an order of the same court dated February 28, 2007 (Appellate Division Docket No. 2007-02916).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the decision and order on motion of this court dated October 18, 2007, which dismissed the appeal from the order dated February 28, 2007 (Appellate Division Docket No. 2007-02916), is amended by deleting the decretal paragraph thereof and substituting therefor the following decretal paragraph:
"ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi vGreen Constr. Corp., 100 AD2d 509)."; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 3, 2007, is denied without prejudice to the defendants seeking that relief; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is denied; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., CRANE, SPOLZINO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court