Gall v Colon-Sylvain
Motion No: 2015-00878
Slip Opinion No: 2015 NY Slip Op 76772(U)
Decided on June 18, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M194224

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2015-00878, 2015-00880

Elemer Gall, etc., respondent,

v Frances Colon-Sylvain, et al., defendants,

David M. Fish, et al., appellants.

(Index No. 6536/07)

DECISION & ORDER ON MOTION

Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Nassau County, dated June 9, 2014, and a judgment of the same court dated November 3, 2014.

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 appeal from the decision under Appellate Division Docket No. 2015-00880 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 judgment is granted, the appellants' time to perfect the appeals is enlarged until August 11, 2015, and the record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; 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