Appellate Division: Second Judicial Department

M181225

E/ct

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2014-00765, 2014-05934 Joann Castello, appellant, v Anthony Castello, respondent. (Index No. 1724/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated August 4, 2013, and to consolidate that appeal with an appeal from a decision of the same court dated May 5, 2014. Separate motion by the appellant pro se for poor person relief and the assignment of counsel with respect to the appeal from the decision.

Upon the papers filed in support of the motions 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 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 to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect the appeal from the judgment is enlarged until November 14, 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 it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and the separate motion for poor person relief and the assignment of counsel with respect to the appeal from the decision are denied as academic.

CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court