| Washington Mutual Bank v 19407 Linden, LLC |
| Motion No: 2010-00524 |
| Slip Opinion No: 2010 NY Slip Op 76581(U) |
| Decided on July 9, 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
M105496
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2010-00524
Washington Mutual Bank, etc., plaintiff- respondent, v 19407 Linden, LLC, etc., et al., appellants; Joseph Misk, nonparty- respondent. (Index No. 24165/08)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Queens County, dated December 7, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeal 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 application is denied as academic.
We note that even if an order is entered it would not be appealable as the defendants defaulted in opposing the motion which resulted in the decision dated December 7, 2009 (see Marino v Termini, 4 AD3d 342).
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court