| Matter of VNF Realty Corp. |
| Motion No: 2009-01054 |
| Slip Opinion No: 2009 NY Slip Op 78418(U) |
| Decided on July 17, 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
M89523
S/cb
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ANITA R. FLORIO
CHERYL E. CHAMBERS, JJ.
|
2009-01054 In the Matter of VNF Realty Corp. Frank Guido, petitioner-respondent; Umberto Guido, Jr., intervenor-petitioner respondent; Nicholas R. Infantino, et al., appellants. (Index No. 27869/06)
| DECISION & ORDER ON MOTION |
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, Kings County, dated December 9, 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); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., SKELOS, FLORIO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court