Denicola v Regan
Motion No: 2007-07783
Slip Opinion No: 2008 NYSlipOp 64824(U)
Decided on February 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66867

S/sl

STEVEN W. FISHER, J.P.

EDWARD D. CARNI

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-07783

Eugene L. Denicola, appellant,

v Michael J. Regan, respondent.

(Index No. 06-023698)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Suffolk County, dated July 23, 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 is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is denied as academic.

FISHER, J.P., CARNI, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court