| Musick v 330 Wythe Avenue Associates, LLC |
| Motion No: 2005-08825 +1 |
| Slip Opinion No: 2006 NYSlipOp 67936(U) |
| Decided on May 2, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M39153
Y/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-08825, 2005-09902 Natalie Musick, respondent-appellant, v 330 Wythe Avenue Associates, LLC, appellant-respondent. (Index No. 42279/02)
| DECISION & ORDER ON MOTION |
Motion by 330 Wythe Avenue Associates, LLC, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 5, 2005(Appellate Division Docket No. 2005-08825), and to enlarge the time to perfect that appeal and an appeal and cross appeal from an order of the same court dated September 14, 2005 (Appellate Division Docket No. 2005-09902).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal and cross appeal from the order dated July 5, 2005, are dismissed, without costs or disbursements, as that order is not appealable as of right and we decline to grant leave to appeal; and it is further,
ORDERED that the branch of the motion which to enlarge the time to perfect the appeals is denied as academic.
CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court