Matter of Ward v City of Long Beach
Motion No: 2009-11606
Slip Opinion No: 2010 NY Slip Op 73103(U)
Decided on June 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M103664

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-11606

In the Matter of Brian Ward, respondent,

v City of Long Beach, appellant.

(Index No. 22274/08)

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, Nassau County, entered November 5, 2009.

ORDERED that on the court's own motion, the appeal 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 application is denied as academic.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court