| Vaccaro v Amaya |
| Motion No: 2009-04281 |
| Slip Opinion No: 2009 NY Slip Op 88059(U) |
| Decided on November 6, 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
M94084
S/sl
WILLIAM F. MASTRO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-04281
Joseph Vaccaro, respondent, v Carlos A. Amaya, defendant; John J. Ciafone, nonparty-appellant. (Index No. 20576/07)
| 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 March 10, 2009.
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 no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion and leave to appeal has not been granted (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court