| Kosa v Legg |
| Motion No: 2008-04118 |
| Slip Opinion No: 2009 NYSlipOp 62573(U) |
| Decided on February 2, 2009 |
| 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
M81954
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2008-04118, 2008-04119 Larry Kosa, respondent, v Detria Legg, appellant. (Index No. 18441/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for an award of damages on appeals from an order of the Supreme Court, Kings County, dated December 3, 2007, and a decision of the same court dated January 23, 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 from the decision dated January 23, 2007 (Appellate Division Docket No. 2008-04119), 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; and it is further,
ORDERED that on the court's own motion the appellant's time to perfect the appeal from the order dated December 3, 2007, is enlarged until March 9, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court