| DePasquale v Taylor |
| Motion No: 2012-03848 |
| Slip Opinion No: 2012 NY Slip Op 83897(U) |
| Decided on September 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. |
Appellate Division: Second Judicial Department
M143209
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2012-03848 Robert DePasquale, et al., respondents, v John K. Taylor, appellant. (Index No. 14285/09)
| 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, Nassau County, dated March 9, 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, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the application is denied as academic.
SKELOS, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court