| USA Recycling, Inc. v UFS Industries, Inc. |
| Motion No: 2014-08664 |
| Slip Opinion No: 2015 NY Slip Op 67992(U) |
| Decided on March 25, 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
M189533
S/ct
REINALDO E. RIVERA, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2014-08664
USA Recycling, Inc., respondent-appellant, v UFS Industries, Inc., etc., et al., appellants- respondents. (Index No. 50129/14)
| DECISION & ORDER ON MOTION |
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Westchester 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, as the portion of the order appealed from directed a hearing to aid in the disposition of a motion and is not appealable as of right, and leave to appeal has not been granted (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,
ORDERED that on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, as the order dated July 31, 2014, did not decide the branch of the underlying motion which was to stay execution of a restraining notice, which remains pending and undecided (see Katz v Katz, 68 AD2d 536, 544); and it is further,
ORDERED that the application is denied as academic.
RIVERA, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court