Appellate Division: Second Judicial Department

M220537

J/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-05538, 2016-05544 In the Matter of Westey Smith Mandriota, et al., respondents, v Dana Smith, appellant. (File No. 3264/13)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge until April 24, 2017, the time to perfect appeals from a decision of the Surrogate's Court, Suffolk County, dated February 16, 2016, and a decree of the same court dated April 11, 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 appeal from the decision dated February 16, 2016, 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);

ORDERED that the branch of the application is to enlarge the appellant's time to perfect the appeal from the decision is denied as academic; and it is further,

ORDERED that the branch of the application which to enlarge the appellant's time to perfect the appeal from the decree dated April 11, 2016, is granted to the extent that the appellant's time to perfect that appeal is enlarged until December 21, 2016, the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied.

ENG, P.J., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court