| MB Din Construction, Inc. v Delta Iron & Construction |
| Motion No: 2016-03530 |
| Slip Opinion No: 2016 NY Slip Op 89181(U) |
| Decided on October 21, 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
M220092
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2016-03530 MB Din Construction, Inc., appellant-respondent, v Delta Iron & Construction, et al., defendants, American Safety Casualty Ins., respondent- appellant. (Index No. 501269/13)
| DECISION & ORDER ON MOTION |
Separate applications by the appellant-respondent and the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a decision of the Supreme Court, Kings County, dated March 8, 2016.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal and the cross appeal are 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 applications are denied as academic.
ENG, P.J., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court