| Matter of New York Central Mutual Fire Insurance Company |
| Motion No: 2006-00188 |
| Slip Opinion No: 2006 NYSlipOp 73025(U) |
| Decided on August 1, 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
M42686
S/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2006-00188 In the Matter of New York Central Mutual Fire Insurance Company, petitioner-respondent, v Irene Brooks, respondent-respondent, Chrysler Insurance Company, et al., proposed additional- respondents, State Farm Mutual Automobile Insurance Company, appellant. (Index No. 5419/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the application is denied as academic.
MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court