| Farhadi v Qureshi |
| Motion No: 2010-00681 |
| Slip Opinion No: 2010 NY Slip Op 87741(U) |
| Decided on November 12, 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
M110818
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-00681 Wajma Farhadi, respondent, v Sher Ahmad Qureshi, appellant. (Index No. 202317/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to waive the filing fee on an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2009. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation the cross motion, it is
ORDERED that, on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order, which referred the matter to a special reference, is not appealable as of right and leave to appeal has not been granted (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that the motion and cross motion are denied as academic.
RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court