Opinion
Motion No: 2012-09212 2012-10705 Index No. 19999/08 M153087
03-26-2013
Azte, Inc., et al., plaintiffs-respondents, v. Auto Collection, Inc., et al., appellants, Christopher Pinkow, defendant-respondent.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
Application by the appellant Steven Lever pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect his appeal from a decision of the Supreme Court, Kings County, dated September 6, 2012, and a judgment of the same court dated September 19, 2012.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision under Appellate Division Docket No. 2012-09212, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); 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 to the extent that the applicant's time to perfect that appeal is enlarged until July 3, 2013, and the record or appendix on the appeal and the applicant's brief must be served and filed on or before that date, and that branch of the application is otherwise denied; and it is further,
ORDERED that the application is otherwise denied as academic.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court