Kipriyanov v J.P. Morgan Chase & Co.
Motion No: 2013-09086
Slip Opinion No: 2014 NY Slip Op 64039(U)
Decided on February 18, 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

M169647

S/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-09086

Edward Kipriyanov, plaintiff-respondent,

v J.P. Morgan Chase & Co., defendant

third-party plaintiff-appellant, WTC

Contracting, Inc., defendant-respondent;

Castle Restoration and Construction, Inc.,

et al., third-party defendants-respondents.

(Index No. 2772/09)

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 an order of the Supreme Court, Kings County, dated January 29, 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, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the application is denied as academic.

SKELOS, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court