Matter of S. (Anonymous), Ruth
Motion No: 2016-04368
Slip Opinion No: 2016 NY Slip Op 89555(U)
Decided on October 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M220290

S/afa

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-04368, 2016-04369, 2016-04370,

2016-04704

In the Matter of Ruth S. (Anonymous).

Bonnie Stein, petitioner-respondent;

Judith Stein Nelson, respondents-appellants;

Anthony J. Lamberti, et al., nonparty-respondents.

(Index No. 100011/09)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two decisions of the Supreme Court, Kings County, dated December 11, 2015, and March 14, 2016, respectively, and two orders of the same court both dated March 14, 2016.

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 appeals from the decisions under Appellate Division Docket Nos. 2016-04368 and 2016-04704, are 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 appeals from the orders is granted, the appellant's time to perfect those appeals is enlarged until December 12, 2016, and the record or appendix on the appeals 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., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court