| Lorraine Capo-battaglia v Steven Davis |
| Motion No: 2013-00247 qc |
| Slip Opinion No: 2013 NY Slip Op 85269(U) |
| Decided on September 6, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Lorraine Capo-Battaglia, Respondent, v Steven Davis, Appellant. |
Motion by appellant for an enlargement of time to perfect an appeal from a decision of the Civil Court of the City of New York, Queens County, dated December 5, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from a decision (CCA 1702; see Farag v Farag, 4 AD3d 502[2004]); and it is further,
ORDERED that appellant's motion to enlarge the time to perfect the appeal is denied as moot.
ENTER:
Paul Kenny
Chief Clerk