| Ward v 40-04 Realty Co, LLC |
| Motion No: 2015-05650 |
| Slip Opinion No: 2015 NY Slip Op 91291(U) |
| Decided on November 20, 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
M201794
W/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2015-05650 Joseph Ward, et al., respondents, v 40-04 Realty Co., LLC, appellant. (Index No. 701960/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 20, 2015, on the ground that the order is not appealable as of right and leave to appeal has not been granted or, in the alternative, to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is 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 motion is otherwise denied as academic.
BALKIN, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court