| Mure v Mure |
| Motion No: 2010-04691 |
| Slip Opinion No: 2010 NY Slip Op 90994(U) |
| Decided on December 16, 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. |
Appellate Division: Second Judicial Department
M112831
E/sl
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2010-04691 Anton Mure, appellant-respondent, v Lisa Mure, respondent-appellant. (Index No. 233-07)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on application dated December 13, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a decision of the Supreme Court, Suffolk County, dated February 5, 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 and cross appeal are 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 denied as academic.
FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court