Appellate Division: Second Judicial Department

M258350

E/sl

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-03325 Pacific Carlton Development Corp., et al., appellants, v New York State Urban Development, respondent. (Index No. 1693/12)

DECISION & ORDER ON MOTION

2018-06924

Pacific Carlton Development Corp., et al.,

appellants, v New York State Urban

Development, respondent.

(Index No. 1693/12)

Motion by the appellants to extend the time to perfect appeals from a judgment of the Supreme Court, Kings County, dated December 13, 2017, and a decision of the same court dated March 19, 2018, and to consolidate the appeals. Application by the appellants pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal from the decision. Motion by the respondent to dismiss the appeal from the decision on the ground that no appeal lies from a decision.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and 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 respondent's motion is granted and the appeal from the decision is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the appellants' motion which is to extend the time to perfect the appeal from the judgment is granted and the appellants' time to perfect that appeal is extended until February 15, 2019; and it is further,

ORDERED that the branches of the appellants' motion which are to extend the time to perfect the appeal from the decision and to consolidate the appeals, and the application, are denied as academic.

LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court