Appellate Division: Second Judicial Department

M117346

T/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-09306, 2010-09307 Annie Connolly, appellant, v Gary R. Knight, respondent. (Index No. 4829/08)

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 Supreme Court, Dutchess County, dated August 5, 2010, and an order of the same court dated August 25, 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 on the Court's own motion, the appeal from the decision dated August 5, 2010, is dismissed, without costs or disbursements, as 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 August 5, 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 order dated August 25, 2010, is granted, and the appellant's time to perfect that appeal is enlarged until May 31, 2011, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court