Appellate Division: Second Judicial Department

M134451

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2011-07276, 2012-02141 In the Matter of Polish Youth Association, et al., petitioners-appellants, v Dom Incorporated, et al., respondents. (Appeal No. 1) In the Matter of Polish Youth Association, et al., petitioners-respondents, v Dom Incorporated, et al., respondents; Romuald Chmarzewski, nonparty-appellant. (Appeal No. 2) (Index No. 15414/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal by Polish Youth Association and Wladyslaw Mielcarz from a judgment of the Supreme Court, Queens County, dated June 10, 2011, for failure to timely perfect, and to dismiss an appeal by Romuald Chmarzewski from a decision of the same court dated May 25, 2011, on the ground, inter alia, that it was untimely taken.

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

ORDERED that on the Court's own motion, the appeal by Romuald Chmarzewski from the decision dated May 25, 2011 (Appellate Division Docket No. 2012-02141), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal by Romuald Chmarzewski on the ground, inter alia, that it was untimely taken is denied as academic; and it is further,

ORDERED that on the Court's own motion, the time of Polish Youth Association and Wladyslaw Mielcarz to perfect the appeal from the judgment dated June 10, 2011 (Appellate Division Docket No. 2011-07276), is enlarged until April 16, 2012, and the record or appendix on that appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, ENG and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court