| Lipschitz v Swaby |
| Motion No: 2007-05807 |
| Slip Opinion No: 2007 NYSlipOp 85741(U) |
| Decided on December 10, 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
M63207
E/sl
FRED T. SANTUCCI, J.P.
PETER B. SKELOS
ROBERT A. LIFSON
EDWARD D. CARNI, JJ.
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2007-05807 DECISION & ORDER ON APPLICATION Chaim Lipschitz, respondent, v Roy Swaby, appellant, et al., defendants. (Index No. 27527/99)
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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, Kings County, dated May 4, 2007.
ORDERED that on the court's own motion, the appeal from so much of the order as directed a hearing is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from so much of the order that directs a hearing to aid in the disposition of a motion (see Bagly v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 11, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., SKELOS, LIFSON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court