Matter of Santagata v Currier-Woods
Motion No: 2009-08882
Slip Opinion No: 2009 NY Slip Op 91722(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M96140

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-08882, 2009-09410

In the Matter of Robert Santagata, appellant,

v Lori Currier-Woods, etc., respondent.

(Index No. 09-498)

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 April 29, 2009, and a judgment of the same court dated August 4, 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 dated April 29, 2009 (Appellate Division Docket No. 2009-08882), 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 application to enlarge the appellant's time to perfect the appeal from the decision (Appellate Division Docket No. 2009-08882), is denied as academic; and it is further,

ORDERED that the application to enlarge the appellant's time to perfect the appeal from the judgment (Appellate Division Docket No. 2009-09410) is denied as premature.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court