| IN THE MATTER OF STATE OF NEW YORK V JAMES R. CARTER (APPEAL NO. 2.) |
| Motion No: CA 11-02088 |
| Slip Opinion No: 2012 NY Slip Op 69389(U) |
| Decided on April 3, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02088
| IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT,
V JAMES R. CARTER, RESPONDENT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Livingston on June 23, 2011,
Now, upon reading and filing the affirmation of John E. Tyo, Esq., dated March 7, 2012, the notice of motion with proof of service thereof, the statement of Laura Etlinger, Esq., dated March 21, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed, and
It is further ORDERED that the appeal is dismissed without prejudice.
Memorandum: The parties agree that this is an appeal from an ex parte order. No appeal, however, lies from an ex parte order (see CPLR 5701 [a] [2]; Matter of Congregation Yetev Lev D'Satmar v Kahana, 308 AD2d 447, 447). Appellant's remedy is to make a motion pursuant to CPLR 5704 (a).
Entered: April 3, 2012
Frances E. Cafarell, Clerk