Murphy v Murphy
Motion No: 2012-09786
Slip Opinion No: 2013 NY Slip Op 66197(U)
Decided on March 1, 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

M152178

P/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-09786, 2012-09787, 2012-09788,

2012-09789

Wayne F. Murphy, appellant,

v Phyllis F. Murphy, respondent.

(Index No. 1065/93)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Queens County, dated March 5, 2012, two orders of the same court, both dated July 17, 2012, and an amended order of the same court, also dated July 17, 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 (Appellate Division Docket No. 2012-09789), is dismissed, without costs or disbursements, on the ground that 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 dated March 5, 2012, is denied as academic; and it is further,

ORDERED that the branches of the application which are to enlarge the time to perfect the appeals from the orders dated July 17, 2012, and the amended order dated July 17, 2012,

are granted, and the appellant's time to perfect those appeals is enlarged until May 10, 2013, and the record or appendix on those appeals and the appellant's 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