Maldonado v Everest General Contractors, Inc.
Motion No: 2008-00435
Slip Opinion No: 2008 NYSlipOp 74862(U)
Decided on June 12, 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

M71801

S/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2008-00435

Freddy Maldonado, etc., et al., appellants,

v Everest General Contractors, Inc., et al.,

respondents.

(Index No. 3150/04)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated August 23, 2007.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi vJ. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is denied as academic.

RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court