Appellate Division: Second Judicial Department

M125215

S/sl

2011-03709, 2011-03712, 2011-03713 Donna Katz, respondent, v Michael Katz, appellant. (Index No. 07-17926)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated December 14, 2009, an amended decision of the same court dated March 4, 2010, and an amended judgment of the same court dated January 25, 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 from the amended decision pending under Appellate Division Docket No. 2011-03712 is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeals from the order and the amended judgment is granted and the appellant's time to perfect those appeals is enlarged until November 7, 2011, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

ENTER:

Matthew G. Kiernan

Clerk of the Court