Vitiello v Board of Managers of Surfside Village Condomi
Motion No: 2011-01186
Slip Opinion No: 2011 NY Slip Op 76964(U)
Decided on June 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M122247

T/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-01186

Doris Vitiello, et al., appellants,

v Board of Managers of Surfside Village

Condominium Section I, et al., respondents.

(Action No. 1)

Holli Belvery, appellant,

v Surfside Village Condominium I, et al.,

respondents.

(Action No. 2)

(Index Nos. 101703/09, 101704/09)

DECISION & ORDER ON MOTION

Separate applications by the appellants in Action No. 1 and the appellant in Action No. 2 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Richmond County, dated January 6, 2011.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeals are 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 applications are denied as academic.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court