Appellate Division: Second Judicial Department

M119955

J/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2010-11248, 2010-11249, 2010-11250 Jan Arthur Stroem, respondent, v Nicholas Plackis, defendant, Stephen J. Weiss, et al., appellants. (Index No. 17596-04)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated August 23, 2007, a decision of the same court dated March 3, 2010, and a judgment of the same court dated August 19, 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 March 3, 2010 (Appellate Division Docket No. 2010-11249), 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 March 3, 2010, is denied as academic; and it is further,

ORDERED that the branches of the application which are to enlarge the time to perfect the appeals from the order dated August 23, 2007, and the judgment dated August 19, 2010, are granted and the appellants' time to perfect those appeals is enlarged until June 9, 2011, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court