| Librizzi v Atlas Restoration Corp. |
| Motion No: 2014-06027 |
| Slip Opinion No: 2014 NY Slip Op 86915(U) |
| Decided on October 20, 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
M181427
S/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2014-06027 Anthony Librizzi, et al., respondents, v Atlas Restoration Corp., appellant (and a third-party action). (Index No. 702378/12)
| 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 an order of the Supreme Court, Queens County, dated March 18, 2014.
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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, as the portion of the order appealed from is not appealable as of right (see Sainz v New York City Health & Hosps. Corp., 106 AD2d 500), and leave to appeal has not been granted; and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., LEVENTHAL, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court