Matter of Sparta Insurance Company v Mitchell
Motion No: 2014-09756
Slip Opinion No: 2015 NY Slip Op 67955(U)
Decided on March 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189461

J/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-09756

In the Matter of Sparta Insurance Company,

appellant, v Peter Mitchell, respondent.

(Index No. 4058/14)

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 July 31, 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, 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 application is denied as academic.

DILLON, J.P., DICKERSON, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court