Dietrichson v Dietrichson
Motion No: 2014-11181
Slip Opinion No: 2015 NY Slip Op 70828(U)
Decided on April 22, 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

M191034

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-11181

Anne Marie Dietrichson, appellant,

v Neil Dietrichson, respondent.

(Index No. 10242/07)

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 a referee's report of the Supreme Court, Suffolk County, dated August 22, 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 from a referee's report (see Levy v Levy, 20 AD3d 511); and it is further,

ORDERED that the application is denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court