| Kotlarz v Tufano |
| Motion No: 2006-05462 |
| Slip Opinion No: 2006 NYSlipOp 81117(U) |
| Decided on December 4, 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
M47372
S/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2006-05462
Tadeusz Kotlarz, plaintiff-respondent, v Carmine Tufano, et al., defendants-respondents, Tee Jay Construction Corp., appellant. (Index No. 13576/04)
| 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, Richmond County, dated April 26, 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 order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,
ORDERED that the application is denied as academic.
CRANE, J.P., GOLDSTEIN, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court