| Deutsche Bank National Trust Company v Calixte |
| Motion No: 2011-02754 |
| Slip Opinion No: 2011 NY Slip Op 91390(U) |
| Decided on December 2, 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
M129553
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-02754, 2011-02755 Deutsche Bank National Trust Company, etc., respondent, v Marie Calixte, et al., defendants; Marise Felix, nonparty-appellant. (Index No. 20857/07)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated February 22, 2011, and March 7, 2011. By order to show cause dated November 2, 2011, the appellant was directed to show cause why the above-entitled appeals should or should not be dismissed on the ground that the orders on appeal were not appealable as of right as they did not decide a motion made on notice, and leave to appeal had not been granted, and the application was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and 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 motion to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the application is denied as academic.
ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court