| Baranek v Baranek |
| Motion No: 2005-11278 |
| Slip Opinion No: 2006 NYSlipOp 70567(U) |
| Decided on June 20, 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
M41085
C/mv
DANIEL F. LUCIANO, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-11278 Mark Baranek, appellant, v Karin Baranek, respondent. (Index No. 27691-03)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered September 19, 2005. By order to show cause dated May 22, 2006, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appellant is not aggrieved by a judgment entered upon his stipulation, and the application to enlarge time was held in abeyance in the interim.
Now, on the court's own motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements; and it further,
ORDERED that the application is denied as academic.
LUCIANO, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court