| Barzilay v KMART Corporation |
| Motion No: 2008-04276 |
| Slip Opinion No: 2008 NYSlipOp 92355(U) |
| Decided on December 18, 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
M80086
E/cb
PETER B. SKELOS, J.P.
MARK C. DILLON
WILLIAM E. McCARTHY
RANDALL T. ENG, JJ.
|
2008-04276
Carl Louis Barzilay, et al., appellants, v Kmart Corporation, respondent. (Index No. 6058/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 21, 2007.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court