Appellate Division: Second Judicial Department

M247000

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-08570, 2017-08576 DE US Bank, NA, respondent, v Joseph H. Brondo, Jr., etc., appellant, et al., defendants. (Index No. 9470/13)

CISION AND ORDER ON APPLICATION

Application by Joseph H. Brondo, Jr., as personal representative of the estate of Phyllis P. Brondo, to be substituted for the deceased appellant, Phyllis Brondo, also known as Phyllis P. Brondo, on appeals from an order and a decision of the Supreme Court, Suffolk County, both dated June 19, 2017, to amend the caption accordingly, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

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 the branches of the application which are to substitute Joseph H. Brondo, Jr., as personal representative of the estate of Phyllis P. Brondo, for the deceased appellant, Phyllis Brondo, also known as Phyllis P. Brondo, and to amend the caption accordingly are granted, Joseph H. Brondo, Jr., as personal representative of the estate of Phyllis P. Brondo, is substituted for the deceased appellant, Phyllis Brondo, also known as Phyllis P. Brondo, and the caption is amended accordingly; and it is further,

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 branch of the application which is to enlarge the time to perfect the appeals is granted to the extent that the time to perfect the appeal from the order is enlarged until May 7, 2018, and that branch of the application is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court