Appellate Division: Second Judicial Department

M74627

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2008-01882, 2008-03065 Gerald Walsh, respondent, v John Jerome Ellis, et al., defendants, Ashraf Abdelaal, a/k/a Abdelaal Ashraf, appellant. (Index No. 103558/05)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Richmond County, dated January 7, 2008, and an order of the same court dated March 19, 2008, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the appeal from the decision pending under Appellate Division Docket No. 2008-01882, 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 appellant's notice of appeal from the order dated March 19, 2008 (Appellate Division Docket No. 2008-03065), is deemed an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated March 19, 2008, is granted and the appellant's time to perfect the appeal is enlarged until November 24, 2008; and it is further,

ORDERED that the application is otherwise denied as academic.

PRUDENTI, P.J., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court