| Wilcox v Pinewood Apt. Assoc., Inc. |
| Motion No: 2011-05241 |
| Slip Opinion No: 2011 NY Slip Op 90944(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M129438
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2011-05241 Stephanie Wilcox, respondent, v Pinewood Apt. Assoc., Inc., appellant. (Index No. 10-23566)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated November 18, 2011, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Westchester County, entered April 12, 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 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 application is denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court