Appellate Division: Second Judicial Department

M136936

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-09315 Eric Prince, respondent, v Louis Nunziata, et al., defendants, James Gordon, appellant. (Index No. 29814/08)

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, Queens County, dated September 15, 2011. By order to show cause dated March 12, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the order was not appealable as of right and leave to appeal had not been granted (see CPLR 5701[a][2]), 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 appeal is granted and the appeal is dismissed (see CPLR 5701[a][2]); and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court