Appellate Division: Second Judicial Department

M189686

T/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-09284 Ralph R. Piro, et al., respondents, v Bruce Demeglio, appellant. (Index No. 23653/10)

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, Nassau County, entered June 23, 2014. By order to show cause dated January 12, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and the application to enlarge the time to perfect the appeal was held in abeyance in the interim. Application by the appellant for leave to appeal to this Court from the order entered June 23, 2014.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application for leave to appeal to this Court from the order entered June 23, 2014, is denied; and it is further,

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the application to enlarge the time to perfect the appeal is denied as academic.

RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court