Appellate Division: Second Judicial Department

M194376

E/ct

2015-04766, 2015-04767 MOTION Leopold E. Piza, appellant-respondent, v Maritza Baez-Piza, respondent-appellant. (Index No. 32550/10)

DECISION & ORDER ON

Appeal by Leopold E. Piza and cross appeal by Maritza Baez-Piza from a judgment of the Supreme Court, Suffolk County, entered March 20, 2015, and appeal by Leopold E. Piza from a decision of the same court dated November 14, 2014.

On the Court's own motion, it is

ORDERED that 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 pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), Leopold E. Piza shall perfect the appeal from the judgment in the above-entitled action within 60 days receipt of the transcripts of the minutes of the proceedings in the Supreme Court, and shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal from the judgment in the above-entitled action shall be perfected within 60 days of the date of this decision and order on motion; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, Leopold E. Piza and Maritza Baez-Piza shall each file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal and cross appeal from the judgment; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal or cross appeal from the judgment; and it is further,

ORDERED that if Leopold E. Piza and Maritza Baez-Piza do not take any of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this decision and order on motion, the clerk of the Court shall issue an order to all parties to the appeal and cross appeal from the judgment to show cause why that appeal or cross appeal should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.