| Matter of County of Orange v Carteret Group, Inc. |
| Motion No: 2009-02591 |
| Slip Opinion No: 2009 NY Slip Op 83832(U) |
| Decided on September 22, 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
M92191
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2009-02591, 2009-02593
In the Matter of County of Orange, respondent, v Carteret Group, Inc., appellant. (Index No. 08-6961)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Orange County, dated December 23, 2008, and a judgment of the same court entered January 23, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeal from the decision (Appellate Division Docket No. 2009-02593) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted and the appellant's time to perfect that appeal is enlarged until November 6, 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 the application is otherwise denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court