| Hezi v Hezi |
| Motion No: 2010-00094 |
| Slip Opinion No: 2010 NY Slip Op 73448(U) |
| Decided on June 4, 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
M103877
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2010-00094
Erica Hezi, respondent, v Yigal Hezi, appellant. (Index No. 08-20805)
| 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, Westchester County, dated October 27, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from so much of the order as directed a hearing on certain issues is dismissed, without costs or disbursements, as no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion, and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2 589); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal from the remaining portion of the order is enlarged until July 27, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court