DLJ Mortgage Capital, Inc. v Sacco & Fillas, LLP
Motion No: 2013-02861
Slip Opinion No: 2013 NY Slip Op 83110(U)
Decided on August 23, 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

M161165

S/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-02861

DLJ Mortgage Capital, Inc., appellant,

v Sacco & Fillas, LLP, defendant, Dean A.

Reskakis, et al., respondents.

(Index No.3979/10)

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, Kings County, dated December 4, 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, as the order is not appealable as of right (see CPLR 5701[a][2]), and leave to appeal has not been granted; and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court