Appellate Division: Second Judicial Department

M66300

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-06445, 2007-07528 Olim Realty, respondent, v Lanaj Home Furnishings, et al., appellants. (Index No. 04-5781)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, entered May 23, 2007, and a judgment of the same court entered July 12, 2007.

ORDERED that on the court's own motion, the appeal from the decision entered May 23, 2007 (Appellate Division Docket No. 2007-06445), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J. A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect appeal from the decision entered May 23, 2007, is denied as academic; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect appeal from the judgment entered July 12, 2007 (Appellate Division Docket No. 2007-07528), is granted and the appellants' time to perfect the appeal from the judgment entered July 12, 2007, is enlarged until April 1, 2008, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court