Appellate Division: Second Judicial Department

M56071

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-10876 Deerfield-Cambridge Development, LLC, respondent, v Squire Green at Pawling Homeowners Association, Inc., appellant, et al., defendants. (Index No. 773/06)

DECISION & ORDER ON MOTION

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, Dutchess County, dated September 25, 2006. By order to show cause dated May 18, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appellant is not aggrieved by the order dated September 25, 2006 (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473; Castaldi v 39 Winfield Assoc. LLC, 22 AD3d 780, 781), and the application to enlarge time was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by the order dated September 25, 2006 (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473; Castaldi v 39 Winfield Assoc. LLC, 22 AD3d 780, 781); and it is further,

ORDERED that the application is denied as academic.

PRUDENTI, P.J., MASTRO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court