| Mid Westchester Elks Lodge No. 535 Benevolent and Prot |
| Motion No: 2015-09857 |
| Slip Opinion No: 2016 NY Slip Op 73918(U) |
| Decided on May 19, 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
M211774
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
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2015-09857, 2015-10359 Mid Westchester Elks Lodge No. 535 Benevolent and Protective Order of Elks, respondent, v Antonees on Broadway, Inc., et al., appellants. (Index No. 52029/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated August 18, 2015, and a judgment of the same court entered September 25, 2015.
Upon the papers filed in support of the motion 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 motion is granted to the extent that the appellants' time to perfect the appeal from the judgment is enlarged until July 20, 2016, the record or appendix and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied as academic.
LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court