Domino v Domino
Motion No: 2008-09647
Slip Opinion No: 2009 NYSlipOp 67058(U)
Decided on March 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83979

E/cb

2008-09647

DECISION & ORDER ON APPLICATION

Maria Dolores Domino, respondent,

v Geronimo Domino, appellant.

(Index No. 4366/04)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Westchester County, entered September 12, 2008.

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

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

ORDERED that the application is denied as academic.

ENTER:

James Edward Pelzer

Clerk of the Court