| Rubio v State of New York |
| Motion No: 2016-07249 |
| Slip Opinion No: 2016 NY Slip Op 94109(U) |
| Decided on December 13, 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
M222823
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-07249, 2016-07251 Pedro Rubio, appellant, v State of New York, respondent. (Claim No. 123506)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Court of Claims dated April 19, 2016, and a judgment of the same court dated June 2, 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 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 branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect the appeal is enlarged until February 21, 2017, and the record or appendix on the appeal and the appellant's 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court