Appellate Division: Second Judicial Department

M192039

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2014-09188 Kimberly Savignano, respondent, v Peter Savignano, appellant. (Index No. 3102/13)

DECISION & ORDER ON MOTION

Motion by the appellant to confirm that an order of the Supreme Court, Westchester County, dated July 14, 2014, is appealable as of right, or in the alternative, for leave to appeal to this Court from the order dated July 14, 2014, if it is not appealable as of right, and to enlarge the time to perfect the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to confirm that the order dated July 14, 2014, is appealable as of right, or in the alternative, for leave to appeal to this Court from the order dated July 14, 2014, are denied; and it is further,

ORDERED that on the Court's own motion the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and the application for that relief are denied as academic.

BALKIN, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court