| Bonanno v Flanagan |
| Motion No: 2015-02135 |
| Slip Opinion No: 2015 NY Slip Op 79704(U) |
| Decided on July 22, 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. |
Appellate Division: Second Judicial Department
M195237
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2015-02135, 2015-04232 Maria Philips Bonanno, et al., respondents, v John P. Flanagan, et al., appellants. (Index No. 7489/05)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Suffolk County, dated November 14, 2014, and an interlocutory judgment of the same court dated February 27, 2015.
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 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 application is denied as academic with respect to the appeal from the decision and denied as premature with respect to the appeal from the interlocutory judgment as the time to perfect that appeal does not expire until October 7, 2015.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court