Peralta v Nina
Motion No: 2012-01820
Slip Opinion No: 2012 NY Slip Op 81196(U)
Decided on August 13, 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

M142083

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-01820

Hamlet Peralta, appellant,

v Deborah Nina, et al., respondents.

(Index No. 10299/06)

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 a clerk's extract of the minutes of the proceedings of the Supreme Court, Queens County, in the above-entitled action, entered January 18, 2012.

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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the proceedings (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591); and it is further,

ORDERED that the application is denied as academic.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court