Kapoor v AWI Wireless, LLC
Motion No: 2016-05903
Slip Opinion No: 2016 NY Slip Op 91061(U)
Decided on November 10, 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

M221189

U/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-05903, 2016-05905

Anish Kapoor, et al., appellants,

v AWI Wireless, LLC, respondent.

(Index No. 14434/12)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Nassau County, dated April 8, 2016, and a judgment of the same court dated April 28, 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 April 8, 2016 (Appellate Division Docket No. 2016-05903), 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 granted, the appellants' time to perfect the appeal from the judgment is enlarged until January 19, 2017, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court