Polanco v Lewis Flushing Corp.
Motion No: 2010-01838
Slip Opinion No: 2010 NY Slip Op 78704(U)
Decided on August 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M106394

S/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-01838

Antonio Polanco, appellant-respondent,

v Lewis Flushing Corp., defendant third-party

plaintiff-respondent, et al., defendants; Accurate

Specialty Metal Fabricators, Inc., third-party

defendant respondent-appellant.

(Index No. 7099/04)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 13, 2010.

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

ORDERED that the appeal by the appellant-respondent is dismissed, without costs or disbursements, on the ground that the appellant-respondent is not aggrieved by the order dated January 13, 2010 (see CPLR 5511); 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