| Petracca v Petracca |
| Motion No: 2008-11485 |
| Slip Opinion No: 2009 NY Slip Op 75150(U) |
| Decided on June 15, 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
M87982
S/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
PLUMMER E. LOTT, JJ.
|
2008-11485
Janine Petracca, respondent, v Eugene Petracca, appellant. (Index No. 201099/08)
| 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 November 5, 2008.
Upon the papers filed in support of the application and the no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the determination of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the application is denied as academic.
SPOLZINO, J.P., SANTUCCI, FLORIO and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court