Appellate Division: Second Judicial Department

M174612

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-07891, 2013-10088, 2014-00549 Miguel Pinon, et al., plaintiffs, v 99 Lynn LLC, et al., defendants second third-party plaintiffs-respondents, George E. Vickers Enterprises, Inc., defendant third-party plaintiff-respondent, et al., defendants; Merchants Mutual Insurance Company, third-party/second third-party defendant- appellant; Lexington Insurance Company, second third-party defendant-respondent. (Index No. 5267/01)

DECISION & ORDER ON MOTION Ave, Jr.

Application on appeals from an order of the Supreme Court, Suffolk County, dated April 12, 2012, a decision of the same court dated July 17, 2013, and a judgment of the same court entered September 26, 2013, to consolidate the appeals, to deem the appendix and briefs filed in connection with the appeal from the order dated April 12, 2012, to also be the record and briefs on the appeals from the decision and the judgment, to serve and file a supplemental record containing copies of the decision and the judgment, as well as the notices of appeal from the decision and judgment, and to limit the issues raised in connection with the appeals from the decision and the judgment to those raised in connection with the appeal from the order. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the judgment.

Upon the papers filed in support of the application, inter alia, to consolidate the appeals and upon the stipulation of the parties, and upon the papers filed in support of the application to enlarge the time to perfect the appeal from the judgment 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. 2013-10088) 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, inter alia, to consolidate the appeals is granted to the extent that the appeals from the order and judgment are consolidated, on or before June 18, 2014, the appellant shall serve and file a supplemental record containing the notice of appeal from the judgment, the judgment, and the decision dated July 17, 2013, and the issues raised in connection with the appeal from the judgment are limited to those raised in connection with the appeal from the order, and the motion is otherwise denied as academic; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal from the judgment is granted to the extent that the time to perfect that appeal is enlarged until June 18, 2014, and the application is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court