Appellate Division: Second Judicial Department

M146495

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-04480, 2012-04858 MRI Enterprises, Inc., appellant, v Comprehensive Medical Care of New York, P.C., respondent. (Index No. 1636/08)

DECISION & ORDER ON MOTION

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, Nassau County, dated March 1, 2012, and an order of the same court dated May 3, 2012.

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 dated March 1, 2012 (Appellate Division Docket No. 2012-04858), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the order dated May 3, 2012 (Appellate Division Docket No. 2012-04480), is enlarged until January 14, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court