Appellate Division: Second Judicial Department

M192431

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-10583, 2014-10585 David Nadasi, respondent-appellant, v Rose Anne Nadel-Nadasi, appellant- respondent. (Index No. 12826/11)

DECISION & ORDER ON MOTION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from a decision of the Supreme Court, Westchester County, dated September 16, 2014, and a judgment of the same court also dated September 16, 2014.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision pending under Appellate Division Docket No. 2014-10585 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 appeal from the judgment is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal from the judgment is enlarged until June 29, 2015, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court