| Klages v King Kullen Grocery Co., Inc. |
| Motion No: 2010-11952 |
| Slip Opinion No: 2011 NY Slip Op 76270(U) |
| Decided on June 22, 2011 |
| 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
M121845
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-11952 Dennis F. Klages, etc., respondent, v King Kullen Grocery Co., Inc., et al., appellants, et al., defendant. (Index No. 103471/08)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated October 26, 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, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court