Ilund v Shay
Motion No: 2008-10874
Slip Opinion No: 2009 NY Slip Op 73360(U)
Decided on May 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M87083

S/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2008-10874

Leander Ilund, appellant,

v Dennis Shay, respondent.

(Index No. 0461-06)

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, Suffolk County, dated October 14, 2008.

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 dated October 14, 2008, 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.

FISHER, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court