| S. Nicolia & Sons Realty Corp. v AJA Concrete Ready Mi |
| Motion No: 2013-08446 |
| Slip Opinion No: 2014 NY Slip Op 61739(U) |
| Decided on January 22, 2014 |
| 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
M168414
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-08446, 2013-08447 S. Nicolia & Sons Realty Corp., appellant, v AJA Concrete Ready Mix, Inc., etc., et al., respondents. (Index No. 1794/08)
| 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, Nassau County, entered February 1, 2011, and a judgment of the same court entered May 16, 2013.
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. 2013-08446) 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 is enlarged until March 19, 2014, 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