Appellate Division: Second Judicial Department

M47002

A/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-02513 Joyce Brennan, appellant, v Thomas Brennan II, respondent. (Index No. 20971-03)

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 an order of the Supreme Court, Suffolk County, dated January 13, 2006. By order to show cause dated September 22, 2006, the parties or their attorneys were directed to show cause why an order should or should not be entered dismissing the above-entitled appeal on the ground that the order on appeal is not appealable as of right and the appellant had not sought leave to appeal (see CPLR 5701), and the application to enlarge the time to perfect the appeal was held in abeyance in the interim. Application by the appellant for leave to appeal to this court from the order.

Upon the papers filed in response to the order to show cause and in support of the applications, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the application for leave to appeal is denied; and it is further,

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that application to enlarge the time to perfect the appeal is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court