Opinion
2021-74394 Motion 2020-09097 2020-09099 2020-09101
11-12-2021
Boris Lyubashevsky, respondent, v. Faina Lyubashevskaya, appellant. Index No. 57251/2008
Unpublished Opinion
MOTION DECISION
REINALDO E. RIVERA, J.P. VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeals from a decision of the Supreme Court, Kings County, dated September 5, 2017, a judgment of the same Court dated April 23, 2019, and an order of the same Court dated June 2, 2020. Motion by the appellant to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the decision 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 A.D.2d 509); and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the decision is denied as academic; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the judgment and the order is granted, and on or before December 13, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
RIVERA, J.P., BRATHWAITE NELSON, CHRISTOPHER and GENOVESI, JJ., concur.