Segall v Cain
Motion No: 2006-07910
Slip Opinion No: 2007 NYSlipOp 62412(U)
Decided on February 2, 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

M50318

T/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-07910

Sidney M. Segall, appellant, v

Inez Cain, defendant, Robert Barsch,

respondent.

(Index No. 15138/05)

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 July 21, 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 (see Mann v Alvarez, 242 AD2d 318, 320), and we decline to grant leave to appeal; and it is further,

ORDERED that the application is denied as academic.

SANTUCCI, J.P., GOLDSTEIN, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court