| Mizrachi v Mizrachi |
| Motion No: 2008-07124 |
| Slip Opinion No: 2009 NYSlipOp 70054(U) |
| Decided on April 20, 2009 |
| 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
M84979
E/cb
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2008-07124 Fortune Mizrachi, respondent, v Danny Mizrachi, appellant. (Index No. 33714/05)
| 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 interlocutory judgment of the Supreme Court, Kings County, dated June 27, 2008.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the consent of the appealing party (see CPLR 5511); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court