| DT91Conn, LLC v 22 Fiske Place, LLC |
| Motion No: 2015-04468 |
| Slip Opinion No: 2016 NY Slip Op 64473(U) |
| Decided on February 17, 2016 |
| 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
M206559
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-04468 DT91 Conn, LLC, plaintiff-respondent, v 22 Fiske Place, LLC, et al., defendants; Michael Cibelli, nonparty-appellant; Acrobat Realty, LLC, nonparty-respondent. (Index No. 20662/09)
| DECISION & ORDER ON MOTION |
Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 20, 2015.
Upon the papers filed in support of the application and the papers filed in opposition 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 as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court