Matter of Schneider v Mulvey
Motion No: 2008-00038
Slip Opinion No: 2008 NYSlipOp 77049(U)
Decided on July 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M72597

S/cb

DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-00038

In the Matter of Robert Schneider, respondent,

v Lawrence W. Mulvey, appellant.

(Index No. 013596/07)

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 December 5, 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 and leave to appeal has not been granted (see CPLR 5701[b][1]); and it is further,

ORDERED that the application is denied as academic.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court