Turko v Daffy's, Inc.
Motion No: 2011-10485
Slip Opinion No: 2012 NY Slip Op 73951(U)
Decided on May 23, 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

M138148

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-10485

Galyna Turko, appellant,

v Daffy's Inc., et al., respondents.

(Index No. 4621/08)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2011, on the ground that no appeal lies from an order denying reargument. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal.

Upon the papers filed in support of the motions and the papers filed in opposition 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 motions are granted and the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the application is denied as academic.

ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court