Education Resources Institute, Inc. v Della Ratta
Motion No: 2006-02877
Slip Opinion No: 2006 NYSlipOp 81836(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

M48214

S/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2006-02877

Education Resources Institute, Inc., respondent,

v Maria Della Ratta, appellant.

(Index No. 8609/05)

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, Nassau County, dated February 24, 2006.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see Barbarita v Shilling, 115 AD2d 630); 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