| Campbell v Campbell |
| Motion No: 2012-01035 |
| Slip Opinion No: 2012 NY Slip Op 79677(U) |
| Decided on July 24, 2012 |
| 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
M141083
S/nl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2012-01035, 2012-06140, 2012-06141 Lucy A. Campbell, respondent-appellant, et al., plaintiff, v Edward F. Campbell, Jr., et al., appellants-respondents. (Appeal No. 1) Lucy A. Campbell, appellant, et al., plaintiff, v Edward F. Campbell, Jr., et al., respondents. (Appeal Nos. 2 and 3) (Index No. 23391/01)
| DECISION & ORDER ON MOTION |
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, dated November 17, 2011, and appeals from an order of the same court dated March 17, 2010, and a decision of the same court dated July 17, 2009.
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 under Appellate Division Docket No. 2012-06141 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 branch of the application which is to enlarge the time to perfect the appeals from the judgment and the order is granted, and the time to perfect the appeal and cross appeal from the judgment and the appeal from the order is enlarged until September 14, 2012, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the brief of the appellants-respondents on the appeal from the judgment shall be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal from the judgment and on the appeal from the order in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that 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