Epstein v Pratt & D'Angelo, Inc.
Motion No: 2018-08540
Slip Opinion No: 2019 NY Slip Op 60010(U)
Decided on January 2, 2019
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

M258888

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-08540

Steven Epstein, et al., respondents,

v Pratt & D'Angelo, Inc., appellant.

(Index No. 63336/2016)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect an appeal from a decision of the Supreme Court, Westchester County, dated June 19, 2018.

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 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 application is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court