Matter of Nationwide Insurance Company v Sanchez
Motion No: 2006-01649
Slip Opinion No: 2006 NYSlipOp 73408(U)
Decided on August 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42991

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-01649

In the Matter of Nationwide Insurance Company,

petitioner-respondent, v Wardys A. Sanchez,

respondent-respondent, Reliance Insurance

Company, etc., appellant.

(Index No. 13118-05)

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 an order of the Supreme Court, Suffolk County, dated January 11, 2006.

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 the portion of the order appealed from is not appealable as of right and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the application is denied as academic.

ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court