YSG Homes, LLC v Rosillo
Motion No: 2017-08012
Slip Opinion No: 2018 NY Slip Op 63457(U)
Decided on February 7, 2018
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

M245764

E/rr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN. JJ.

2017-08012

YSG Homes, LLC, appellant,

v Salvadore E. Rossilo, respondent

(and a third-party action).

(Index No. 8908/13)

DECISION & ORDER ON MOTION

Appeal by YSG Homes, LLC, from a decision of the Supreme Court, Kings County, dated May 23, 2017.

On the Court's own motion, it is

ORDERED that so much of an order on application of this Court, entitled "[i]n the Matter of Applications for Extensions of Time" dated January 23, 2018, as extended the appellant's time to perfect the appeal is recalled and vacated; and it is further,

ORDERED that the appeal 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).

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court