Appellate Division: Second Judicial Department

M174567

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-01323, 2014-02328 Delia Paino, et al., respondents, v Anthony Reitano, et al., appellants, et al., defendants. (Appeal No. 1) Delia Paino, et al., respondents, v Anthony Reitano, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 101316/10)

DECISION & ORDER ON MOTION

Application by the appellant Anthony Reitano pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Richmond County, dated October 25, 2013, and an order and judgment (one paper) of the same court dated December 26, 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 notices of appeal by the defendants Vincent F. Spata and Dennis Lobato from the decision dated October 25, 2013, are deemed to be premature notices of appeal from the order and judgment dated December 26, 2013, and the appeals by Vincent F. Spata and Dennis Lobato from the judgment will be prosecuted under Appellate Division Docket No. 2014-02328; and it is further,

ORDERED that the appeal by Anthony Reitano from the decision is dismissed, without costs or disbursements, as 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, the appellants' time to perfect the appeals from the order and judgment is enlarged until September 12, 2014, and the joint record or appendix on the appeal and the appellants' respective briefs must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court