Appellate Division: Second Judicial Department

M107921

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-02946, 2010-03328 Mary Ann Caracciolo, respondent-appellant, v Robert E. Chodkowski, appellant-respondent. (Index No. 202040/07)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from a judgment of the Supreme Court, Nassau County, dated March 1, 2010, and a decision of the same court dated October 30, 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 from the decision dated October 30, 2009 (Appellate Division Docket No. 2010-03328), 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 to the extent that the appellant-respondent's time to perfect the appeal from the judgment is enlarged until November 1, 2010, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date, and the application is otherwise denied as academic; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before December 15, 2010 (see 22 NYCRR 670.8[c][3]).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court