| Cook v Russ Fragala Landscape Contracting Corp. |
| Motion No: 2006-08600 |
| Slip Opinion No: 2007 NYSlipOp 71934(U) |
| Decided on June 19, 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. |
Appellate Division: Second Judicial Department
M56077
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2006-08600 Michael Cook, appellant, v Russ Fragala Landscape Contracting Corp., respondent. (Index No. 3218-98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 10, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701), without prejudice to appealing from a judgment entered upon the order; and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., MASTRO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court