| Holubar v Holubar |
| Motion No: 2013-03391 |
| Slip Opinion No: 2013 NY Slip Op 87988(U) |
| Decided on October 10, 2013 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M163498
E/sl
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2013-03391, 2013-03392 Bjorn Holubar, appellant, v Michelle Holubar, respondent. (Index No. 2083/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Putnam County, dated January 22, 2013, and a decision of the same court also dated January 22, 2013.
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. 2013-03392) 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 granted to the extent that the appellant's time to perfect the appeal from the judgment is enlarged until November 12, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied as academic.
ENG, P.J., HALL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court