Appellate Division: Second Judicial Department

M110862

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-04980, 2010-04985 DECISION & ORDER ON APPLICATION Ilene Degregorio, appellant, v Richmond Italian Pavillion, Inc., doing business as Bella Vita, II, respondent. (Index No. 102395/06)

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, Richmond County, dated August 28, 2009 (Appellate Division Docket No. 2010-04980), and an order of the same court dated March 31, 2010 (Appellate Division Docket No. 2010-04985).

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from the decision dated August 28, 2009 (Appellate Division Docket No. 2010-04980), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 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 branch of the application which is to enlarge the time to perfect the appeal from the order dated March 31, 2010 (Appellate Division Docket No. 2010-04985), is granted, the appellant's time to perfect the appeal is enlarged until January 3, 2011, 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:

Matthew G. Kiernan

Clerk of the Court