Matter of Nash v Levy
Motion No: 2011-02630
Slip Opinion No: 2011 NY Slip Op 87628(U)
Decided on October 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M127331

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-02630

In the Matter of Luke Nash, appellant,

v Harold Levy, etc., respondent.

(Index No. 22065/01)

DECISION & ORDER ON MOTION

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, Kings County, dated February 10, 2011.

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 order is not appealable as of right (see CPLR 5701[b][1]), and leave to appeal has not been granted; and it is further,

ORDERED that the application is denied as academic.

FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court