Appellate Division: Second Judicial Department

M154013

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2013-01905, 2013-01906 Last Time Beverage Corp., et al., appellants, v F & V Distribution Company, LLC, et al., respondents. (Action No. 1) J.C. Tea, Inc., et al., appellants, v F & V Distribution Company, LLC, et al., respondents. (Action No. 2) (Index No. 11778/00)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated November 7, 2012, as untimely taken and to dismiss an appeal from an order of the same court dated December 7, 2012, on the ground that no appeal lies from an order denying a motion to resettle the decretal paragraphs of an order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated November 7, 2012, as untimely taken is granted (see CPLR 5513) and the appeal is dismissed without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated December 7, 2012, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 7, 2012, is denied as academic.

SKELOS, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court