| Allen v Allen |
| Motion No: 2007-05945 |
| Slip Opinion No: 2007 NYSlipOp 75972(U) |
| Decided on August 16, 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
M58600
S/sl
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2007-05945
Winston Allen, respondent, v Phyllistine Allen, appellant. (Index No. 25656/06)
| DECISION & ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 13, 2007.
Upon the papers filed in support of the application 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, as no appeal lies as of right from a sua sponte order (see CPLR 5701), and we decline to grant leave to appeal, without prejudice to making a motion in Supreme Court, Queens County, to resettle or vacate the order dated June 13, 2007; and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., RIVERA, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court