Heller v Heller
Motion No: 2021-02202
Slip Opinion No: 2021 NY Slip Op 72229(U)
Decided on September 24, 2021
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

M279321

E/mb

HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2021-02202

Howard Heller, respondent,

v Lynda Heller, appellant.

(Index No. 4791/2018)

DECISION & ORDER ON MOTION

Appeal by Lynda Heller from a decision of the Supreme Court, Suffolk County, dated February 22, 2021. Application by the appellant 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 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.

LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court