| Gomez v State of New York |
| Motion No: 2009-10780 |
| Slip Opinion No: 2010 NY Slip Op 66375(U) |
| Decided on March 24, 2010 |
| 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
M100306
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-10780, 2009-10781 William Gomez, appellant, v State of New York, respondent. (Claim No. 89744)
| DECISION & ORDER ON MOTION |
Motion by the appellant to extend the time to serve and file a notice of an appeal from a decision of the Court of Claims, dated August 7, 2009 (Appellate Division Docket No. 2009-10780), and a judgment of the same court dated August 26, 2009 (Appellate Division Docket No. 2009-10781).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision dated August 7, 2009 (Appellate Division Docket No. 2009-10780), 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); and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a notice of appeal from the judgment dated August 26, 2009 (Appellate Division Docket No. 2009-10781), is denied (see CPLR 5513); and it is further,
ORDERED that the motion is otherwise denied as academic.
MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court