| Siragusa v D'Esposito |
| Motion No: 2013-09926 |
| Slip Opinion No: 2013 NY Slip Op 94475(U) |
| Decided on December 17, 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
M166487
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2013-09926 Gregory Siragusa, appellant, v Robert F. D'Esposito, etc., et al., defendants, Laboratory Corporation of America, respondent. (Index No. 20702/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2012, as untimely taken, for an award of costs and an attormey's fee and to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order directing a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BALKIN, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court