Appellate Division: Second Judicial Department

M208894

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX, JJ.

2015-12499 In the Matter of Conchita Bonano, petitioner- respondent, v New York State Division of Housing and Community Renewal, respondent, 399-401 South 4th Street Redevelopment Associates, L.P., appellant. (Index No. 4492/15)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 12, 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. Cross motion by the appellant for leave to appeal to this Court from the order dated November 12, 2015. Application by the petitioner-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701[b][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application for that relief are denied as academic; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court