Appellate Division: Second Judicial Department

M172609

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2013-10327, 2013-10328, 2013-10329 Giumenta Corp., etc., respondent, v Desktop Solutions Software, Inc., appellant. (Index No. 32277/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, pursuant to CPLR 5519(c) to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered August 6, 2013, pending hearing and determination of the appeal from the judgment, as well as appeals from an order of the same court dated April 9, 2012, and a decision of the same court dated July 12, 2013, and to enlarge the time to perfect the appeals.

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 (Appellate Division Docket No. 2013-10328) 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 branch of the motion which is, in effect, pursuant to CPLR 5519(c) to stay enforcement of the judgment is denied as unnecessary as a stay is already in effect pursuant to CPLR 5519(a)(2); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted to the extent that the time to perfect the appeals from the order and the judgment is enlarged until June 13, 2014, and the record or appendix on those appeals and the appellant's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied as academic.

DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court