Matter of Raritan Baykeeper, Inc. v Martens
Motion No: 2013-06556
Slip Opinion No: 2014 NY Slip Op 61005(U)
Decided on January 15, 2014
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

M166807

E/nl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2013-06556

In the Matter of Raritan Baykeeper, Inc., etc.,

et al., appellants, v Joseph Martens, etc., et al.,

respondents

(Index No. 12441/12)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 16, 2013, and for leave to prosecute the appeal on the original papers.

Upon the papers filed in support of the motion and the papers filed 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 the order is not appealable as of right (see CPLR 5701[b][1]), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court