Appellate Division: Second Judicial Department

M272927

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2019-13204, 2019-13206 C.D.S. Home Improvement Corp., respondent, v Adedamola Adegoke, appellant. (Index No. 101145/2015)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Richmond County, dated May 23, 2019, and a judgment of the same court entered June 11, 2019. Motion by the appellant to direct the respondent to provide the appellant with the trial exhibits in its possession and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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 motion which is to direct the respondent to provide the appellant with the trial exhibits in its possession is denied as academic in light of the representation by the respondent that the trial exhibits in its possession have now been provided to the appellant; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted to the extent that the time to perfect the appeal from the judgment is extended, and on or before October 30, 2020, the appellant shall serve the record or appendix and brief and upload digital copies of the record or appendix and brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant file an original and five hard copies of the record or appendix and brief in accordance with any applicable administrative order or other order to be issued by the Court, and the motion is otherwise denied as academic.

MASTRO, J.P., CHAMBERS, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court