Prakhin v Fulton Towers Realty Corp.
Motion No: 2019-01293
Slip Opinion No: 2019 NY Slip Op 77023(U)
Decided on August 8, 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

M265051

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-01293

Yuriy Prakhin, appellant-respondent,

v Fulton Towers Realty Corp., et al.,

respondents-appellants.

(Index No. 2051/11)

DECISION & ORDER ON MOTION

Application by the appellant-respondent on an appeal and a cross appeal from a decision of the Supreme Court, Kings County, dated December 26, 2018, pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.

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 and cross appeal are 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