| Estatico v Estatico |
| Motion No: 2007-00635 |
| Slip Opinion No: 2007 NYSlipOp 73462(U) |
| Decided on July 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. |
Appellate Division: Second Judicial Department
M57017
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2007-00635 Anthony Estatico, et al., respondents, v Edward A. Estatico, appellant, et al., defendants. (Index No. 06-2560)
| 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, Westchester County, dated December 6, 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 appellant is not aggrieved by the order dated December 6, 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.
MILLER, J.P., SCHMIDT, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court