| Contrino v KKC Enterprises, Inc. |
| Motion No: 2010-07127 |
| Slip Opinion No: 2010 NY Slip Op 91877(U) |
| Decided on December 23, 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
M113101
B/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
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2010-07127 DECISION & ORDER ON APPLICATION Donna Contrino, plaintiff-respondent, v KKC Enterprises, Inc., et al., defendants- respondents, Pedro Vaz Pocas, appellant, et al., defendant. (Index No. 07-3681)
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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, Westchester County, dated June 14, 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 as of right from an order which directs a hearing to aid in the disposition of a motion and leave to appeal has not been granted (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that the application is denied as academic.
COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court