Esposito v Ince
Motion No: 2009-03104
Slip Opinion No: 2009 NY Slip Op 86313(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M92593

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-03104

DECISION & ORDER ON APPLICATION

Frances Esposito, respondent,

v Marla Sue Ince, et al., appellants.

(Index No. 3987-08)

Separate applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated February 25, 2009.

Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements, as the order dated February 25, 2009, is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the applications are denied as academic.

MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court