Bohn v Bohn
Motion No: 2012-02788
Slip Opinion No: 2012 NY Slip Op 83510(U)
Decided on September 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M143216

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

DANIEL D. ANGIOLILLO

ANITA R. FLORIO, JJ.

2012-02788

Barbara Bohn, appellant,

v John Bohn, respondent.

(Index No. 19658/06)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated September 5, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Queens County, dated February 3, 2012.

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 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 denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court