| Boylan v Washington Mutual Bank |
| Motion No: 2010-03575 |
| Slip Opinion No: 2010 NY Slip Op 83798(U) |
| Decided on September 30, 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
M109025
J/sl
FRED T. SANTUCCI, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
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2010-03575 DECISION & ORDER ON APPLICATION James Boylan, et al., plaintiffs-respondents, v Washington Mutual Bank, et al., defendants- respondents, Todd Goldberg, etc., appellant. (Index No. 20135/08)
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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, Queens County, dated February 25, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved from that part of the order as granted his motion to amend a prior order (see CPLR 5511), and no appeal lies from the remaining part of the order which denies reargument; and it is further,
ORDERED that the application is denied as academic.
SANTUCCI, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court