Appellate Division: Second Judicial Department

M178503

E/sl

THOMAS A. DICKERSON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-01648 In the Matter of Peter G. (Anonymous), appellant. Robert Doar, etc., petitioner-respondent; Alla Sherbakov, etc., et al., nonparty-respondents. (Index No. 100038/13)

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 November 26, 2013. By order to show cause dated June 19, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that does not result from a motion made on notice, and leave to appeal has not been granted, and the application was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and 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 the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701[a][2]); and it is further,

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

DICKERSON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court