Waterside Estates at Cresthaven Homeowners Association,
Motion No: 2012-02166
Slip Opinion No: 2013 NY Slip Op 64407(U)
Decided on February 13, 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

M151155

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-02166

Waterside Estates at Cresthaven Homeowners

Association, Inc., respondent, v John J. Ciafone,

et al., appellants.

(Index No. 3399/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 4, 2011, on the ground that no appeal lies from a decision.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until April 10, 2013, and the respondent's brief, if any, must be served and filed on or before that date.

DILLON, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court