Appellate Division: Second Judicial Department

M124365

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-03492, 2011-03494 New York Central Lines, LLC, respondent-appellant, v State of New York, appellant-respondent. (Claim No. 102648)

DECISION & ORDER ON MOTION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Court of Claims, dated August 26, 2010, and a judgment of the same court dated January 11, 2011.

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 and cross appeal from the decision dated August 26, 2010, are 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 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 judgment is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal from the judgment is enlarged until October 11, 2011, and the joint record or appendix on that appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court