| Katz v Gangemi |
| Motion No: 2007-11013 |
| Slip Opinion No: 2008 NYSlipOp 72623(U) |
| Decided on May 22, 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
M70844
S/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2007-11013, 2007-11014
Michael Katz, et al., respondents, v John Gangemi, et al., appellants. (Index No. 12108/04)
| 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, Nassau County, dated July 18, 2007, and a judgment of the same court dated September 24, 2007, respectively.
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 (Appellate Division Docket No. 2007-11013) 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 branch of the application which is to enlarge the time to perfect the appeal from the judgment (Appellate Division Docket No. 2007-11014) is granted and the appellants' time to perfect that appeal is enlarged until July 18, 2008, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court