| Cusumano Associates, Inc. v Politoski |
| Motion No: 2012-05839 |
| Slip Opinion No: 2012 NY Slip Op 93051(U) |
| Decided on December 7, 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
M147160
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-05839, 2012-05840 Cusumano Associates, Inc., etc., respondent, v Paul Politoski, et al., appellants, et al., defendant. (Index No. 696/09)
| DECISION & ORDER ON MOTION |
Applications by the appellants 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 April 16, 2012, and a judgment of the same court dated May 21, 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 from the decision dated April 16, 2012 (Appellate Division Docket No. 2012-05839), 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 appellants' time to perfect the appeal from the judgment is enlarged until February 28, 2013, and the record or appendix on the appeals and the appellants' 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