| Felix v Law Offices of Thomas F. Liotti |
| Motion No: 2009-10772 |
| Slip Opinion No: 2011 NY Slip Op 73359(U) |
| Decided on May 20, 2011 |
| 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
M120406
E/ct
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
MARK C. DILLON
PLUMMER E. LOTT, JJ.
|
2009-10772 Donald Felix, respondent-appellant, v Law Offices of Thomas F. Liotti, appellant-respondent. 2010-03012, 2010-04979, 2010-05033, 2010-05035, 2010-09343 Donald Felix, respondent, v Law Offices of Thomas F. Liotti, appellant. (Index No. 8395/07)
| DECISION & ORDER ON MOTION |
Motion by Law Offices of Thomas F. Liotti to stay enforcement of a judgment of the Supreme Court, Nassau County, dated December 23, 2009, pending hearing and determination of an appeal from the judgment as well as appeals from two orders of the same court dated February 18, 2010, and September 17, 2010, respectively, and two orders of the same court both dated April 23, 2010, to discharge an undertaking posted pursuant to CPLR 5519, and to preclude Donald Felix from filing a brief in connection with the appeals. Cross motion by Donald Felix to enlarge his time to serve and file a brief in connection with the appeals, and for leave to raise arguments in that brief concerning his appeal from a decision of the Supreme Court, Nassau County, entered November 2, 2009, pending under Appellate Division Docket No. 2009-10772.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision entered November 2, 2009 (Appellate Division Docket No. 2009-10772), 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 motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge Donald Felix's time to serve and file a brief in connection with the appeals from the orders and judgment is granted, and the brief filed with the Clerk of the Court is accepted for filing and deemed timely served, and the cross motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief in connection with the appeals from the orders and judgment is enlarged until June 9, 2011, and the reply brief, if any, must be served and filed on or before that date.
MASTRO, J.P., RIVERA, DILLON and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court