| Albis v Town of East Fishkill |
| Motion No: 2011-09825 |
| Slip Opinion No: 2012 NY Slip Op 69269(U) |
| Decided on April 4, 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
M135638
S/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2011-09825 Peter Albis, appellant, v Town of East Fishkill, et al., respondents. (Index No. 2503/08)
| 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, Dutchess County, dated September 1, 2011.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, as the order dated September 1, 2011, is not appealable as of right (see CPLR 5701), and leave to appeal has not been granted; 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