Appellate Division: Second Judicial Department

M104632

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-11840, 2010-00865 Yury Nazarov, appellant, v Felix Abramovich, et al., respondents. (Index No. 21328/00)

DECISION & ORDER ON MOTION

Appeals by Yury Nazarov from a decision of the Supreme Court, Kings County, dated November 5, 2009 (Appellate Division Docket No. 2009-11840), and a judgment of the same court dated December 15, 2009 (Appellate Division Docket No. 2010-00865). Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

Now, on the court's own motion, and upon the application, it is

ORDERED that the appeal from the decision dated November 5, 2009 (Appellate Division Docket No. 2009-11840), 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 granted to the extent that the appellant's time to perfect the appeal from the judgment dated December 15, 2009 (Appellate Division Docket No. 2010-00865), is enlarged until September 13, 2010, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court