Appellate Division: Second Judicial Department

M160687

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-02205, 2013-03273 Shelley Mizrahi-Srour, respondent, v Albert Srour, appellant. (Index No. 55474/09)

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, Kings County, dated September 12, 2012, and a judgment of the same court dated December 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. 2013-03273) 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 application is granted to the extent that the appellant's time to perfect the appeal from the judgment (Appellate Division Docket No. 2013-02205) is enlarged until November 26, 2013, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court