| Bassett v Pez Enterprises, Inc. |
| Motion No: 2012-01852 |
| Slip Opinion No: 2012 NY Slip Op 72258(U) |
| Decided on May 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
M137174
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2012-01852 Michael Bassett, et al., appellants, v Pez Enterprises, Inc., et al., defendants; Bleakley, Platt & Schmidt, LLP, nonparty-respondent (and a third-party action). (Index No. 08-16792)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, entered December 21, 2011, to include certain pleadings.
Upon the papers filed in support of the motion 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 the order is not appealable as of right (see Evan S. v Joseph R., 70 AD3d 668), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., DICKERSON, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court