Bellantoni v Kelligrew
Motion No: 2006-07001
Slip Opinion No: 2007 NYSlipOp 60804(U)
Decided on January 11, 2007
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

M49289

S/sl

HOWARD MILLER, J.P.

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-07001

Anthony Bellantoni, appellant,

v John R. Kelligrew, etc., respondent.

(Index No. 03-8299)

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 transcript of the Supreme Court, Westchester County, dated June 13, 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 a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the application is denied as academic.

MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court