Gonzalez v Smith
Motion No: 2011-10122
Slip Opinion No: 2012 NY Slip Op 68391(U)
Decided on March 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135341

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-10122

Maribeth Gonzalez, appellant,

v Thomas H. Smith, et al., respondents.

(Index No. 09-12200)

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 a jury verdict of the Supreme Court, Orange County, dated September 21, 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 no appeal lies from a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591); and it is further,

ORDERED that the application is denied as academic.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court