| Vishinski v Vishinski |
| Motion No: 2013-07961 |
| Slip Opinion No: 2014 NY Slip Op 66645(U) |
| Decided on March 17, 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. |
Appellate Division: Second Judicial Department
M171070
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2013-07961 Jennifer A. Vishinski, appellant, v Stanley P. Vishinski, respondent. (Index No. 5126/11)
| 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, Dutchess County, dated June 12, 2013. By order to show cause dated January 28, 2014, the parties were directed to show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated June 12, 2013, was not appealable as of right, as it was not the result of a motion made on notice, and the application to enlarge time 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 application and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701[a]); and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court