Appellate Division: Second Judicial Department

M170260

E/ct

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-07700 Gerard A. Musmanno, respondent, v Magdalena Musmanno, appellant. (Index No. 936/12)

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 a judgment of the Supreme Court, Queens County, entered March 13, 2013. By order to show cause dated December 27, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from a judgment entered upon the stipulation of the parties, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the appellant's application is denied as academic.

RIVERA, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court