| County of Orange v Burnett Enterprises, Inc. |
| Motion No: 2014-04804 |
| Slip Opinion No: 2015 NY Slip Op 61423(U) |
| Decided on January 16, 2015 |
| 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
M185463
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2014-04804 County of Orange, et al., respondents, v Burnett Enterprises, Inc., et al., appellants. (Index No. 5822/11)
| DECISION & ORDER ON MOTION |
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, Orange County, dated March 20, 2014. By order to show cause dated September 30, 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 March 20, 2014, is not appealable as of right as it is not the result of 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 the papers filed in response 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.
SKELOS, J.P., HALL, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court