| TD Banknorth, N.A. v Sherman |
| Motion No: 2009-06565 |
| Slip Opinion No: 2010 NY Slip Op 61600(U) |
| Decided on January 22, 2010 |
| 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
M97620
T/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-06565 TD Banknorth, N.A., respondent, v Steven Sherman, et. al., defendants, LaRoe Estates, Inc., appellant. (Index No. 97/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated June 3, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order referring a motion to a referee to hear and report (see Mortgagee Affiliates Corp. v Jerder Realty Services, 62 AD2d 591); and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court