Appellate Division: Second Judicial Department

M188823

J/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2014-09544, 2014-09545 Steven DiGiorgi, appellant, v Carolyn Marzocchi, etc., respondent. (Index No. 23320/01)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated July 11, 2014, and July 15, 2014, respectively.

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 from the order dated July 11, 2014 (Appellate Division Docket No. 2014-09544), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589) and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the application which is to enlarge the appellant's time to perfect the appeal from the order dated July 11, 2014, is denied as academic; and it is further,

ORDERED that the branch of the application which is to enlarge the appellant's time to perfect the appeal from the order dated July 15, 2014, is granted, the appellant's time to perfect that appeal is enlarged until April 30, 2015, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., DICKERSON, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court