ARON FRIED, res, v. PHILIP TUCKER, ET AL., ap, ETC. def — On the Court's own motion, it is

ORDERED that the decision and of this Court dated December 10, 2012, in the above-entitled appeal is recalled and vacated and the following decision and is substituted therefor:

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated April 17, 2012.

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 the appeal 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 application is denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.