Appellate Division: Second Judicial Department

M133100

S/ct

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-08395, 2011-08397, 2011-08583 Michael H. Steifman, et al., respondents, v Mikhail Khenin, et al., appellants. (Index No. 8271/07)

DECISION & ORDER ON MOTION

Application by the appellant Michael Khenin pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Westchester County, dated July 21, 2011, an order of the same court also dated July 21, 2011, and a decision of the same court dated June 23, 2011.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion the appeal from the decision (Appellate Division Docket No. 2011-08583), 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 on the Court's own motion the appeal from the order (Appellate Division Docket No. 2011-08397), is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the application is granted to the extent that the applicant's time to perfect the appeal from the judgment is enlarged until April 9, 2012, and the record or appendix on the appeal and the applicant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court