Appellate Division: Second Judicial Department

M222855

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-05994, 2016-06964 In the Matter of Denis A. Preziosi, deceased. April Torre, petitioner-appellant; Deana Huminski, petitioner-respondent; Sharon Pihlquist, et al., respondents-respondents. (Index No. 387006/15)

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 Surrogate's Court, Nassau County, dated April 7, 2016, and a decree of the same court dated May 9, 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 decree is granted, the appellant's time to perfect that appeal is enlarged until February 8, 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