| Rushton v The State of New York |
| Motion No: 2017-05418 |
| Slip Opinion No: 2017 NY Slip Op 90915(U) |
| Decided on October 30, 2017 |
| 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
M240371
Z/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-05418, 2017-05422 Sophia Rushton, etc., et al., appellants, v The State of New York, respondent. (Claim No. 121887)
| 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 Court of Claims, dated March 1, 2017, and a judgment of the same court dated April 10, 2017.
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, on the ground that 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 to the extent that the appellants' time to perfect the appeal from the judgment is enlarged until December 26, 2017, the record or appendix and the appellants' brief shall be served and filed on or before that date, and the application is otherwise denied.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court