Ritacco v Stampur
Motion No: 2016-04064
Slip Opinion No: 2016 NY Slip Op 85306(U)
Decided on September 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M218002

S/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-04064

Linda Ritacco, appellant, et al., plaintiff,

v Henry Stampur, et al., respondents.

(Index No. 2972/12)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated April 18, 2016.

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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, as the order dated April 18, 2016, is not appealable as of right and leave to appeal has not been granted (see CPLR 5701[a][2]); 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