Appellate Division: Second Judicial Department

M109203

P/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-03620, 2010-05734, 2010-05736 DECISION & ORDER ON APPLICATION Joseph C. Scopelliti, appellant, v Maria C. Scopelliti, respondent. (Index No. 05-14438)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated February 23, 2010, a judgment of the same court entered May 19, 2010, and findings of fact and conclusions of law of the same court also entered May 19, 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 the appeal from the decision 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 appeal from the findings of fact and conclusions of law is dismissed, without costs or disbursements, as findings of fact and conclusions of law are not separately appealable (see Higgins v Higgins, 50 AD3d 852); and it is further,

ORDERED that the application is otherwise denied as premature, as the time to perfect the appeal from the judgment does not expire until December 3, 2010.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court