| Matter of Hamer v Marco International of New York, Inc. |
| Motion No: 2015-11442 |
| Slip Opinion No: 2016 NY Slip Op 70184(U) |
| Decided on April 12, 2016 |
| 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
M209779
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
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2015-11442 In the Matter of Simon Hamer, etc., et al., appellants, v Marco International of New York, Inc., et al., respondents-respondents, et al., respondent. (Matter No. 1) In the Matter of Simon Hamer, etc., et al., appellants, v Marco International of New York, Inc., et al., respondents-respondents, et al., respondent. (Matter No. 2) (Index Nos. 27612/03, 29369/03)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated April 6, 2016, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated September 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 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 application is denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court