Opinion
Motion No: 2011-10555 Index No. 05-17008 M136426
04-26-2012
James B. Rubin, appellant, v. Guadulupe Rubin, respondent.
, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
DECISION & ORDER ON MOTION
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Westchester County, entered October 7, 2011.
Upon the papers filed in support of the application and the papers filed in opposition 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.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court