| Auriemmo v Auriemmo |
| Motion No: 2009-05288 |
| Slip Opinion No: 2009 NY Slip Op 85177(U) |
| Decided on October 6, 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
M92730
E/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2009-05288, 2009-06851, 2009-08997 Victoria Auriemmo, appellant, v Richard Auriemmo, respondent. (Index No. 14772/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant on appeals from an order of the Supreme Court, Queens County, entered April 20, 2009, a judgment of the same court entered June 2, 2009, and a decision of the same court entered July 10, 2009, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order entered April 20, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted the appellant's time to perfect the appeal from the order entered April 20, 2009 (Appellate Division Docket No. 2009-05288), is enlarged until January 26, 2010, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that on the court's own motion, the appeal from the decision entered July 10, 2009 (Appellate Division Docket No. 2009-08997), 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).
FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court