Opinion
Motion No: 2011-09397 Index No. 201970/09 M137582
05-11-2012
Thomas Shaw, respondent-appellant, v. Peggy Anne Shaw, appellant-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-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a decision of the Supreme Court, Nassau County, dated September 6, 2011.
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 and cross appeal are 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