| Town of North East v Vitiello |
| Motion No: 2015-05923 |
| Slip Opinion No: 2015 NY Slip Op 89243(U) |
| Decided on October 29, 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
M200847
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-05923, 2015-05925 Town of North East, respondent, v Erasmo Vitiello, et al., appellants. (Index No. 6041/10)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a three month enlargement of time to perfect appeals from a judgment of the Supreme Court, Dutchess County, dated April 9, 2015, and a decision of the same court dated January 21, 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, 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 appeal from the judgment is granted to the extent that the appellants' time to perfect the appeal from the judgment is enlarged until January 6, 2016, the record or appendix on the appeal and the appellants' brief 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, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court