Appellate Division: Second Judicial Department

M69564

S/cb

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-10598, 2007-10601 Maris Gordon, respondent-appellant, v Raymond Eshagoff, et al., appellants-respondents. (Index No. 16426/04)

DECISION & ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Nassau County, dated September 4, 2007, and an appeal and cross appeal from a judgment of the same court entered October 26, 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 decision dated September 4, 2007 (Appellate Division Docket No. 2007-10598), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Construction 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 and cross appeal from the judgment is granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal from the judgment is enlarged until July 14, 2008, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the application is otherwise denied as academic.

PRUDENTI, P.J., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court