Giovanielli v Certain Underwriters at Lloyds, London
Motion No: 2009-00655
Slip Opinion No: 2009 NY Slip Op 75844(U)
Decided on June 23, 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

M88380

S/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-00655

Joanne Giovanielli, et al., respondents,

v Certain Underwriters at Lloyds, London,

appellant.

(Index No. 9091/08)

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, Queens County, dated December 18, 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 December 18, 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.

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court