Opinion
2012-08801 2012-10075 Index No. 21531/10 M155086
04-23-2013
Mary Jane Hayes, respondent, v. William Ames Hayes, appellant.
ORDER ON APPLICATION
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 28, 2012, and a decision of the same court dated December 5, 2011.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the appeal from the decision pending under Appellate Division Docket No. 2012-10075 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 order is granted and the appellant's time to perfect that appeal is enlarged until June 3, 2013, and the record or appendix on that 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 academic.
ENTER:
Aprilanne Agostino
Clerk of the Court