Appellate Division: Second Judicial Department

M105571

E/ct

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-04355, 2010-04356, 2010-06949 Sophie Barbarone, respondent, v Food Emporium, Inc., et al., appellants. (Index No. 11414/08)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two decisions of the Supreme Court, Westchester County, entered October 8, 2009 (Appellate Division Docket No. 2010-04355), and December 23, 2009 (Appellate Division Docket No. 2010-04356), respectively, and a judgment of the same court dated April 19, 2010 (Appellate Division Docket No. 2010-06949), in effect, for an expedited briefing schedule with respect to the appeals from the decisions.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeals from the decisions entered October 8, 2009 (Appellate Division Docket No. 2010-04355), and December 23, 2009 (Appellate Division Docket No. 2010-04356), are 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 on the court's own motion, the time to file the notice of appeal for the judgment dated April 19, 2010 (Appellate Division Docket No. 2010-06949), which was timely served, is extended until August 20, 2010 (see CPLR 5520[a]), and the appellants shall file proof of filing of the notice of appeal on or before that date; and it is further,

ORDERED that the motion is granted to the extent that the appellants shall perfect the appeal from the judgment dated April 19, 2010 (Appellate Division Docket No. 2010-06949), on or before August 20, 2010, and the record or the appendix and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied.

DILLON, J.P., SANTUCCI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court