Tassone v Marriott International, Inc.
Motion No: 2008-05155
Slip Opinion No: 2008 NYSlipOp 91868(U)
Decided on December 12, 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

M79764

S/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-05155

Generoso V. Tassone, appellant,

v Marriott International, Inc., et al., respondents.

(Index No. 19969-05)

DECISION & ORDER ON MOTION

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, Suffolk County, dated August 8, 2008.

Now, on the court's own motion, 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); and it is further,

ORDERED that the application is denied as academic.

PRUDENTI, P.J., DILLON, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court