Appellate Division: Second Judicial Department

M197704

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-02330, 2015-08833 Debra Cascardo, appellant, v Russell Cascardo, respondent. (Index No. 103537/11)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two decisions of the Supreme Court, Richmond County, dated January 5, 2015, and January 16, 2015, respectively.

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 dated January 16, 2015 (Appellate Division Docket No. 2015-08833), 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 on the Court's own motion, the notice of appeal with respect to the decision dated January 5, 2015 (Appellate Division Docket No. 2015-02330), is deemed to be a premature notice of appeal from an order of the Supreme Court, Richmond County, dated April 14, 2015 (see CPLR 5520[c]); and it is further,

ORDERED that the application is granted to the extent that the time to perfect the appeal from the order dated April 14, 2015, is enlarged until November 2, 2015, the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court