De Jesus v De Jesus
Motion No: 2006-05348
Slip Opinion No: 2006 NYSlipOp 81835(U)
Decided on December 13, 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

M46698

S/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2006-05348

Ceferina De Jesus, respondent,

v Vicente De Jesus, appellant.

(Index No. 022942/02)

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 a judgment of the Supreme Court, Queens County, dated March 3, 2006.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the stipulation of the appealing party (see CPLR 5511); and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court