Gucciardi v Huguenot Properties, Inc.
Motion No: 2013-07142
Slip Opinion No: 2013 NY Slip Op 94878(U)
Decided on December 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M166937

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-07142

Veronica Gucciardi, et al., plaintiffs-appellants,

v Huguenot Properties, Inc., defendant-respondent,

New Chopsticks House, Inc., defendant third-party

plaintiff-respondent; Subway Real Estate Corp., etc.,

et al., third-party defendants-respondents.

(Index No. 100985/11)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 10, 2013.

Upon the papers filed in support of the application and no papers having 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 no appeal lies from an order determining a motion in limine (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); 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