Matter of Fidler v Storobin
Motion No: 2012-04154
Slip Opinion No: 2012 NY Slip Op 79938(U)
Decided on July 26, 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

M141346

S/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2012-04154, 2012-05505

In the Matter of Lewis Fidler, petitioner-

respondent, v David Storobin, respondent-

respondent, Board of Elections in City of

New York, appellant.

(Index No. 700003/12)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to file a supplemental brief on appeals from an undated order of the Supreme Court, Kings County, and an order of the same court dated May 7, 2012.

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 appeals are dismissed, without costs or disbursements, as the undated order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal, and the appellant is not aggrieved by the order dated May 7, 2012; and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., DICKERSON, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court