| Novalex Contracting Corp. v National Fire & Marine Insur |
| Motion No: 2007-03382 |
| Slip Opinion No: 2007 NYSlipOp 80434(U) |
| Decided on October 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
M60886
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-03382
Novalex Contracting Corp., et al., appellants, v National Fire & Marine Insurance Co., defendant third-party plaintiff, et al., defendants; American Western Home Insurance Company, third-party defendant-respondent. (Index No. 13282-05)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2007.
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 appellants are not aggrieved by the order appealed from (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., RITTER, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court