Appellate Division: Second Judicial Department

M109350

E/sl

2010-01669, 2010-01671 ORDER ON APPLICATION Lerner Pavlick Realty, appellant-respondent, v State of New York, respondent-appellant. (Claim No. 111535)

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) on an appeal from a decision of the Court of Claims, dated October 20, 2009, and an appeal and cross appeal from a judgment of the same court dated January 13, 2010, to enlarge the time to perfect the appeals and the cross appeal.

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 branch of the application which is to enlarge the time to perfect the appeal from the decision is denied as academic; and it is further,

ORDERED that the application is otherwise granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 12, 2010, and the joint record or appendix on the 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 it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Matthew G. Kiernan

Clerk of the Court