Appellate Division: Second Judicial Department

M164095

E/ct

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-00690, 2013-02773 Fred Shore Beach Club, Inc., et al., respondents, v Paul Palmieri, et al., appellants. (Index No. 4074/10)

DECISION & ORDER ON MOTION

Application by the appellants on appeals from two orders of the Supreme Court, Suffolk County, dated October 31, 2012, and January 10, 2011, respectively, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated January 10, 2011. By order to show cause dated August 1, 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 appeals in the above-entitled action on the ground that no appeal lies as of right from orders that were not the result of a motion made on notice and leave to appeal had not been granted. Cross motion by the appellants, inter alia, for leave to appeal to this Court from the orders dated October 31, 2012, and January 10, 2011.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the application is denied as academic; and it is further,

ORDERED that the branch of the cross motion which is for leave to appeal is denied; and it is further,

ORDERED that the cross motion is otherwise denied as academic.

DICKERSON, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court