Tully Construction Co., Inc. v Illinois National Insurance
Motion No: 2013-00991
Slip Opinion No: 2013 NY Slip Op 75769(U)
Decided on June 4, 2013
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

M157386

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00991

Tully Construction Co., Inc., et al., appellants,

v Illinois National Insurance Company, respondent.

(Index No. 11849/10)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated December 7, 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 appeals are dismissed, without costs or disbursements, as no appeal lies from an order made upon reargument of a decision (see New York and Presbyterian Hosp. v AIU Ins. Co., 20 AD3d 515); and it is further,

ORDERED that the application is denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court