| Lopez v Trunzo Builders, Inc. |
| Motion No: 2010-01534 |
| Slip Opinion No: 2010 NY Slip Op 77576(U) |
| Decided on July 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. |
Appellate Division: Second Judicial Department
M105975
S/ct
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2010-01534, 2010-01535 Edward Lopez, respondent, v Trunzo Builders, Inc., appellant. (Index No. 13859/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision and a judgment of the Supreme Court, Suffolk County, dated August 27, 2009, and entered December 23, 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 27, 2009 (Appellate Division Docket No. 2010-01534) 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 granted and the appellant's time to perfect the appeal from the judgment is enlarged until October 1, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court