Appellate Division: Second Judicial Department

M133188

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-08344, 2011-08345 Jodie Ross, appellant-respondent, v Robert Ross, respondent-appellant. (Index No. 201088/07)

DECISION & ORDER ON MOTION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from a decision of the Supreme Court, Nassau County, dated March 31, 2011, and a judgment of the same court entered July 28, 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 decision dated March 31, 2011 (Appellate Decision Docket No. 2011-08345), 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 application is granted to the extent that the appellant-respondent's time to perfect the appeal from the judgment entered July 28, 2011 (Appellate Division Docket No. 2011-08344), is enlarged until May 7, 2012, and the joint record or appendix on the 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 the application is otherwise denied as academic; 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]).

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court