| Matter of Lemma v Nassau Civil Police Officer Indemnificati |
| Motion No: 2013-06648 |
| Slip Opinion No: 2013 NY Slip Op 92686(U) |
| Decided on November 27, 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
M165991
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-06648 In the Matter of Nicholas Lemma, appellant, v Nassau Civil Police Officer Indemnification Board, et al., respondents. (Index No. 19176/09)
| 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 a decision and order (one paper) of the Supreme Court, Nassau County, dated May 3, 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 grounds that no appeal lies from the decision portion (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and the order portion is not appealable as of right and leave to appeal has not been granted (see CPLR 5701[b][1]); 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