Appellate Division: Second Judicial Department

M153889

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-07813, 2012-10416 Hudson City Savings Bank, etc., appellant- respondent, v 98 Washington Avenue Realty, LLC, et al., defendants, Ralph Ippolito, et al., respondents-appellants, GDG Holding Corporation, respondent. (Index No. 09-16929)

DECISION & ORDER ON MOTION

Application by the appellant-respondent on appeals and cross appeals from a decision of the Supreme Court, Westchester County, entered July 6, 2012, and an order of the same court dated September 4, 2012, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal from the order.

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 and cross appeal from the decision (Appellate Division Docket No. 2012-07813) are 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; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal from the order is enlarged until June 4, 2013, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering briefs, including the points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court