Ross v Kent Avenue Property 1-B, LLC
Motion No: 2010-03380
Slip Opinion No: 2010 NY Slip Op 83588(U)
Decided on September 28, 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

M108916

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-03380

DECISION & ORDER ON APPLICATION

Christopher Lloyd Ross, et al., respondents,

v Kent Avenue Property 1-B, LLC, et al.,

appellants.

(Index No. 27623/08)

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a report of a referee of the Supreme Court, Kings County, dated March 2, 2010.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from the report of a referee (see CPLR 5701[a][1], [2]; Levy v Levy, 20 AD2d 511); and it is further,

ORDERED that the application is denied as academic.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court