| Terranova v MTA-Long Island Bus |
| Motion No: 2011-07849 |
| Slip Opinion No: 2012 NY Slip Op 63220(U) |
| Decided on February 3, 2012 |
| 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
M132752
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2011-07849 Ignazio Terranova, etc., respondent, v MTA-Long Island Bus, etc., appellant, et al., defendants. (Index No. 4824/08)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application dated February 1, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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, Nassau County, entered May 27, 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, 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.
DILLON, J.P., FLORIO, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court