Opinion
Motion No: 2012-00758 2012-04854 2012-04855 Index No. 08-14291 M138349
05-25-2012
Doreen Sinanis, respondent-appellant, v. Spiro Sinanis, appellant-respondent.
, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the order on application of this Court dated May 21, 2012, in the above-entitled action is recalled and vacated and the following order on application is substituted therefor:
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated October 15, 2010, an order of the same court dated May 13, 2011, and a judgment of the same court dated November 14, 2011. Separate application by the appellant-respondent for the same relief.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal from the decision (Appellate Division Docket No. 2012-00758), 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 branches of the applications which are to enlarge the time to perfect the appeals from the order and the judgment are granted, the appellant-respondent's time to perfect the appeals is enlarged until August 27, 2012, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the applications are otherwise denied as academic.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court