| O'Neill v Vebeliunas |
| Motion No: 2013-10030 |
| Slip Opinion No: 2014 NY Slip Op 67867(U) |
| Decided on March 28, 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
M171799
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-10030 Matthew O'Neill, et al., appellants, v Vytautas Vebeliunas, et al., defendants- respondents; Gunnar S. Overstrom III, et a intervenor-defendants-respondents. (Action No. 1) (Index No. 317/04) Gunnar S. Overstrom III, et al., respondent v Daniel Lipman, et al., appellants. (Action No. 2) (Index No. 020015/08
| DECISION & ORDER ON MOTION l., s, |
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, Nassau County, dated August 13, 2013.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed on the grounds that the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701), and that the order has been superseded by a judgment of the same court dated October 16, 2013; and it is further,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