| Margarita Lopez et v Robert Adams et |
| Motion No: 506767 |
| Slip Opinion No: 2009 NY Slip Op 74222(U) |
| Decided on May 29, 2009 |
| Appellate Division, Third 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. |
Decided and Entered: May 29, 2009
Case #
506767
MARGARITA LOPEZ et al., Respondents, v Appellants,
et al., Defendants. | DECISION AND ORDER ON MOTION |
Motion to dismiss appeal taken by notice of appeal dated April 30, 2008.
Cross motion for extension of time
to perfect appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal taken by notice of appeal dated April 30, 2008 is granted, without costs, on the
ground that no appeal lies from a decision (see Citibank [S.D.] v Morrisey, 276 AD2d 963 [2000]; Schicchi v J.A. Green Constr. Corp., 100
AD2d 509 [1984]). It is further
ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, to the
extent that the time to perfect the appeal taken by notice of appeal dated December 2, 2008 is extended to July 28, 2009.
CARDONA, P.J.,
ROSE, KAVANAGH, McCARTHY and GARRY, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the
Court