Tuccillo v Town of North Hempstead
Motion No: 2016-04069
Slip Opinion No: 2016 NY Slip Op 86537(U)
Decided on September 23, 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

M218638

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-04069

Roy Tuccillo, appellant, v Town of North

Hempstead, et al., respondents.

(Index No. 9012/13)

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 a jury verdict of the Supreme Court, Nassau County, rendered March 17, 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 no appeal lies from a jury verdict (see Rockman v Brosnan, 280 AD2d 591); 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