| Lyubashevsky v Lyubashevskaya |
| Motion No: 2010-00055 |
| Slip Opinion No: 2010 NY Slip Op 75641(U) |
| Decided on June 29, 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
M104893
E/ct
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2010-00055, 2010-00056 DECISION & ORDER ON APPLICATION Boris Lyubashevsky, respondent, v Faina Lyubashevskaya, appellant. (Index No. 57251/08)
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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, Kings County, dated August 10, 2009, and an order of the same court dated October 19, 2009, respectively.
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 August 10, 2009, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the appeal from the order dated October 19, 2009, is dismissed, without costs ordisbursements, as no appeal lies from an order which denies a motion to vacate a decision (see Matter of Colonial Penn Ins. Co. v Cudley, 144 AD2d 363); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court