Deutsche Bank National Trust Co. v Hoglund
Motion No: 2010-02508
Slip Opinion No: 2010 NY Slip Op 83224(U)
Decided on September 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108546

T/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-02508, 2010-02509

Deutsche Bank National Trust Co., etc.,

respondent, v Rudolph Hoglund, et al.,

appellants, et al., defendants.

(Index No. 30905-09)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision and an order of the Supreme Court, Suffolk County, both dated February 2, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion, the appeal from the decision (Appellate Division Docket No. 2010-02508), 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 appellants' time to perfect the appeal from the order (Appellate Division Docket No. 2010-02509) is enlarged until October 22, 2010, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and the application is otherwise denied as academic.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court