| Onewest Bank, FSB v Klein |
| Motion No: 2012-02432 |
| Slip Opinion No: 2012 NY Slip Op 83912(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
M143093
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2012-02432 Onewest Bank, FSB, etc., respondent, v Joseph Klein, appellant, et al., defendants. (Index No. 09-10287)
| 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, Rockland County, dated January 20, 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 does not result from a motion made on notice (see CPLR 5701), 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