Appellate Division: Second Judicial Department

M161220

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2013-02367, 2013-02370 In the Matter of Thomas J. Triola, appellant, v Richard F. Daines, etc., respondent. (Index No. 43821/10)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from a decision of the Supreme Court, Suffolk County, dated April 9, 2012, and a judgment of the same court entered October 26, 2012, on the original record or, in the alternative, to omit Exhibit V from the record on appeal.

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

ORDERED that on the Court's own motion, the appeal from the decision 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 motion is denied without prejudice to the appellant perfecting the appeal by the appendix method (see 22 NYCRR 670.9[b]; 670.10.2[c]); and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until September 27, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court