Appellate Division: Second Judicial Department

M138415

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-10561, 2011-11622 VNB New York Corp., respondent, v M. Lichtenstein, LLC, et al., appellants, et al., defendants. (Index No. 24851/10)

DECISION & ORDER ON MOTION

Application by the appellant Meir Frei pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Kings County, dated September 8, 2011, and an order of the same court dated October 3, 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 that the appeal from the decision dated September 8, 2011 (Appellate Division Docket No. 2011-10561) 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 granted to the extent that the time of Meir Frei to perfect his appeal from the order dated October 3, 2011, is enlarged until June 30, 2011, and the record or appendix on the appeal and the brief of Meir Frei 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