Appellate Division: Second Judicial Department

M157593

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-01487, 2013-01490 Wayne Rose, appellant, v Diffferent Twist Pretzel, Inc., et al., respondents. (Index No. 22033/10)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from an order of the Supreme Court, Queens County, entered January 8, 2012, and a decision of the same court dated December 24, 2012, as a poor person, to enlarge the time to perfect the appeals, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion 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. 2013-01490) 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 branch of the motion which seeks relief with respect to the appeal from the decision is denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order (Appellate Division Docket No. 2013-01487) on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order is granted and the appellant's time to perfect that appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until August 6, 2013; and it is further,

ORDERED that the branch of the motion which to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on the appeal from the order is denied as unnecessary as the appeal may be prosecuted on the original papers; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court