Appellate Division: Second Judicial Department

M232729

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-12610, 2016-12612 Vincent A. Rantinella, respondent, v Francisco M. Tomas, et al., defendants, Dona Mercedez Corp., doing business as Lounge Casa Rica, also known as La Costa Del Norte Sports Bar, et al., appellants. (Index No. 32430/12)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated April 10, 2015, and a decision of the same court dated October 27, 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 October 27, 2016, 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 order dated April 10, 2015, is granted, the appellants' time to perfect that appeal is enlarged until July 26, 2017, and the record or appendix on that appeal and the appellants' brief shall 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