Appellate Division: Second Judicial Department

M193087

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2014-08414 Jason McKnight, respondent, v Ohio Casualty Insurance Company, et al., appellants, et al., defendants. (Index No. 101224/11)

DECISION & ORDER ON MOTION

Application by the appellants, inter alia, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 30, 2014. By order to show cause dated April 15, 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 from the order dated May 30, 2014, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and the branch of the application which is to enlarge the time to perfect the appeal from the order dated May 30, 2014, was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and 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 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 branch of the application which is to enlarge the time to perfect the appeal from the order dated May 30, 2014, is denied as academic.

SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court