Opinion
2012-06644 2012-06646 Index No. 6249/09 M148818
12-31-2012
Joseph Rizzo, respondent, v. Traci Rizzo, appellant.
DECISION & ORDER ON MOTION
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Dutchess County, entered June 8, 2012, and findings of fact and conclusions of law of the same court dated June 7, 2012, and to enlarge the time to serve and file a respondent's brief.
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 from the findings of fact and conclusions of law (Appellate Division Docket No. 2012-06644), is dismissed, without costs or disbursements, on the ground that no appeal lies therefrom (see Soehngen v Soehngen, 58 AD3d 829, 830); and it is further,
ORDERED that the branches of the application which are for enlargements with respect to the appeal from the decision are denied as academic; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted and the appellant's time to perfect that appeal is enlarged until January 21, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as premature.
ENTER:
Aprilanne Agostino
Clerk of the Court