| Torsiello v Torsiello |
| Motion No: 2014-01835 |
| Slip Opinion No: 2014 NY Slip Op 81526(U) |
| Decided on August 22, 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
M178723
E/sl
PLUMMER E. LOTT, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2014-01835 Karen Torsiello, respondent, v Mario Torsiello, appellant. (Index No. 08-26581)
| 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, Westchester County, dated October 23, 2013. By order to show cause dated June 23, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that no appeal lies from an order denying a motion to resettle the decretal paragraphs of a judgment, 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 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 Foertsch v Foertsch, 187 AD2d 635); and it is further,
ORDERED that the application is denied as academic.
LOTT, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court