Appellate Division: Second Judicial Department

M157956

E/mv

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2013-00428 DECISION & ORDER ON MOTION In the Matter of Jeremy Boehm, respondent, v Board of Directors, Huntington Community First Aid Squad, Inc., et al., appellants. (Index No. 35797/11)

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated October 1, 2012. By order to show cause dated May 2, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from a nonfinal order in a proceeding pursuant to CPLR article 78.

Now, upon the order to show cause and the papers filed in response thereto, and 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 the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b][1]); and it is further,

ORDERED that the application is denied as academic.

ANGIOLILLO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court