Walzer v Orange and Rockland Utilities, Inc.
Motion No: 2009-04620
Slip Opinion No: 2009 NY Slip Op 89149(U)
Decided on November 19, 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

M94691

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-04620

Andrew Walzer, appellant, v Orange and

Rockland Utilities, Inc., et al., respondents.

(Index No. 07-05933)

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 a transcript of the Supreme Court, Rockland County, dated April 8, 2009.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717), without prejudice to taking an appeal from the judgment once entered; and it is further,

ORDERED that the application is denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court