Matter of American Transit Insurance Company v Coupet
Motion No: 2011-05075
Slip Opinion No: 2011 NY Slip Op 88196(U)
Decided on October 27, 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

M127951

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-05075

In the Matter of American Transit Insurance

Company, petitioner-respondent, v Jean Coupet,

respondent-respondent, et al., respondents,

Praetorian Insurance Company, appellant.

(Index No. 29162/10)

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 April 18, 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 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.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court