| Stamford Wrecking Company v Hayward Baker, Inc. |
| Motion No: 2018-00368 |
| Slip Opinion No: 2018 NY Slip Op 88329(U) |
| Decided on November 8, 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
M257280
E/mm
LEONARD B. AUSTIN, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
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2018-00368 Stamford Wrecking Company, plaintiff- respondent, v Hayward Baker, Inc., etc., defendant third-party plaintiff-appellant, Fidelity and Deposit Company of Maryland, defendant-appellant; Travelers Casualty & Surety Co. of America, third-party defendant- respondent. (Index No. 4840/11)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant and defendant-appellant to extend the time to perfect an appeal from a decision of the Supreme Court, Dutchess County, dated October 13, 2017.
Upon the papers filed in support of the motion 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 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 motion is denied as academic.
AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court