Appellate Division: Second Judicial Department

M166672

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-05132 Maria Vergara, appellant, v Serina Townsend, respondent. (Index No. 28726/10)

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, Queens County, dated March 20, 2013. By order to show cause dated October 24, 2013, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated March 20, 2013, was not appealable as of right as it was not the result of a motion made on notice and leave to appeal had not been granted, and the application to enlarge the time to perfect the appeal was held in abeyance in the interim. Motion by the appellant for leave to appeal to this Court from the order dated March 20, 2013.

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 motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701[a]); and it is further,

ORDERED that the application is denied as academic.

SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court