| Bartow v Lugo |
| Motion No: 2008-03282 |
| Slip Opinion No: 2008 NYSlipOp 88238(U) |
| Decided on November 5, 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
M78116
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-03282 Scott Bartow, et al., appellants, v Edgar Lugo, et al., respondents, et al., defendant. (Index No. 100824/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a decision of the Supreme Court, Richmond County, dated December 11, 2007.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic without prejudice to taking an appeal from any judgment entered in the action.
FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court