Appellate Division: Second Judicial Department

M115111

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-08811, 2010-08812 Justin Luis Santana, etc., et al., respondents, v State of New York, appellant. (Claim No. 114060)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Court of Claims dated June 8, 2010, and an interlocutory judgment of the same court dated July 6, 2010.

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 June 8, 2010 (Appellate Division Docket No. 2010-08812), 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 dated June 8, 2010 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 interlocutory judgment dated July 6, 2010, is granted to the extent that the appellant's time to perfect that appeal is enlarged until April 6, 2011, the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date, and that branch of the application is otherwise denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court