Appellate Division: Second Judicial Department

M67589

S/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-08542, 2007-10408, 2007-10409 In the Matter of James McG. (Anonymous). Catherine M. Robinson, appellant; et al., respondents; Ralph Randazzo, et al., nonparty-respondents. (Index No. 10020-07)

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 June 12, 2007, a decision of the same court dated July 17, 2007, and an order and judgment (one paper) of the same court dated July 17, 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 order dated June 12, 2007 (Appellate Division Docket No. 2007-8542), is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the appeal from the decision dated July 17, 2007 (Appellate Division Docket No. 2007-10409), is dismissed, without costs or disbursements, as no appeal lies from a decision (see J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order and judgment is granted and the appellant's time to perfect that appeal is enlarged until May 12, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court