| Paino v Reitano |
| Motion No: 2014-01323 |
| Slip Opinion No: 2014 NY Slip Op 82789(U) |
| Decided on September 5, 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
M179593
J/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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated May 23, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Application by the appellant Dennis Lobaito 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 Anthony Reitano 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 Anthony Reitano from the order and judgment will be prosecuted under Appellate Division Docket No. 2014-02328; and it is further,
ORDERED that the appeal by Dennis Lobaito 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 branch of the application which is to enlarge the time to perfect the appeals from the decision is denied as academic; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeals from the order and judgment 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 appeals 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