Thompson v State of New York
Motion No: 2013-00231
Slip Opinion No: 2013 NY Slip Op 62567(U)
Decided on January 24, 2013
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

M149690

P/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00231, 2013-00232

Cynthia Thompson, etc., et al., appellants,

v State of New York, respondent.

(Claim No. 113754)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Court of Claims, dated April 12, 2012, and a judgment of the same court dated June 11, 2012.

On the Court's own motion, it is

ORDERED that the appeal from the decision (Appellate Division Docket No. 2013-00232) 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 for an enlargement of time to perfect the appeal from the decision is denied as academic; and it is further,

ORDERED that the branch of the application which is for an enlargement of time to perfect the appeal from the judgment is granted, and the appellants' time to perfect the appeal is enlarged until March 14, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court