| Cit Group/Equipment Financing, Inc. V Burger King |
| Motion No: 2007-10299 |
| Slip Opinion No: 2008 NYSlipOp 70193(U) |
| Decided on April 28, 2008 |
| 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
M69372
S/cb
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-10299
CIT Group/Equipment Financing , Inc., C , respondent, v Burger King First Avenue Corp., et al., defendants, Irwin Franchise Capital Corporation, intervenor-appellant. (Index No. 20870/06)
| DECISION & ORDER ON APPLICATION |
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, Nassau County, dated September 12, 2007.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Bagdy Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court