Appellate Division: Second Judicial Department

M200066

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-02139 Casual Water East, LLC, plaintiff, Casual Water Bridgehampton, LLC, appellant, v Casual Water, Ltd., et al., respondents. (Index No. 14037/12)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision and order (one paper) of the Supreme Court, Suffolk County, dated December 2, 2014. By order to show cause dated July 30, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the grounds that no appeal lies from a decision and no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted.

Now, upon the order to show cause and the papers filed in response thereto, and 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 the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted the appellant's time to perfect the appeal is enlarged until December 15, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court