Novastar, Inc. v Desinor
Motion No: 2009-05008
Slip Opinion No: 2010 NY Slip Op 74972(U)
Decided on June 22, 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

M104328

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-05008

Novastar, Inc., respondent,

v Richard Desinor, appellant,

et al., defendant.

(Index No. 4656/08)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered April 8, 2009.

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 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 motion is denied as academic.

MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court