| U.S. BankTrust, N.A. v Zukowski |
| Motion No: 2017-12452 |
| Slip Opinion No: 2018 NY Slip Op 71777(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M249666
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-12452, 2017-12453 U.S. BankTrust, N.A., etc., respondent, v Lisa A. Zukowski, appellant, et al., defendants. (Index No. 51534/15)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Dutchess County, dated October 23, 2017, and a decision of the same court also dated October 23, 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 branch of the application which is to enlarge the time to perfect the appeal from an order is granted to the extent that the appellant's time to perfect that appeal is enlarged until July 20, 2018, and that branch of the application is otherwise denied; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the decision is denied as academic.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court