Appellate Division: Second Judicial Department

M113450

J/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-07732, 2010-08360 DECISION & ORDER ON APPLICATION Norma Vigo, respondent, v 501 Second Street Holding Corp., appellant, et al., defendants (and a third-party action). (Index No. 38083/06)

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, Kings County, dated June 29, 2010 (Appellate Division Docket No. 2010-07732), and an order of the same court dated July 30, 2010, (Appellate Division Docket No. 2010-08360).

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 dated June 29, 2010 (Appellate Division Docket No. 2010-07732), 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 dated June 29, 2010 (Appellate Division Docket No. 2010-07732), 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 July 30, 2010 (Appellate Division Docket No. 2010-08360), is granted to the extent that the appellant's time to perfect that appeal is enlarged until April 25, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied.

RIVERA, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court