| Calvin v Calvin |
| Motion No: 2013-05312 |
| Slip Opinion No: 2013 NY Slip Op 87972(U) |
| Decided on October 10, 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. |
Appellate Division: Second Judicial Department
M163552
E/nl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
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2013-05312 DECISION & ORDER ON MOTION O'Ona Calvin, appellant, v Rene Wolfe Calvin, et al., respondents. (Index No. 28769/01)
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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, Suffolk County, dated March 12, 2013.
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 the order dated March 12, 2013, did not decide the underlying motion which remains pending and undecided (see Katz v Katz, 68 AD2d 536, 544); 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