Appellate Division: Second Judicial Department

M55939

S/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-03721, 2007-03724, 2007-03725, 2007-03726, 2007-03727, 2007-03729 Francisco Tobio, et al., plaintiffs-respondents, v Boston Properties, Inc., et al., defendants third-party plaintiffs-appellants; One Source Hudson Shatz, et al., third-party defendants-respondents. (Index No. 27294/02)

DECISION & ORDER ON APPLICATION

Application by the appellants, on appeals from two orders of the Supreme Court, Queens County, dated February 10, 2006, and June 5, 2006 (Appellate Division Docket Nos. 2007-03724 and 2007-03725) respectively, three transcripts of the same court dated December 1, 2006, January 4, 2007, and January 5, 2007 (Appellate Division Docket Nos. 2007-03726, 2007-03727, and 2007-03729), respectively, and a judgment of the same court dated March 6, 2007, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the transcript dated December 1, 2006. The appeal from the transcript dated December 1, 2006, (Appellate Division Docket No. 2007-03726), is a duplicate of an appeal which was pending under Appellate Division Docket No. 2006-11209. The appellant's motion for leave to appeal from that transcript was denied by decision and order on motion dated December 22, 2006, on the ground that no appeal lies from a transcript.

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 appeals pending under Appellate Division Docket Nos. 2007-03726, 2007-03727, and 2007-03729, are 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.

CRANE, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court