| Cassidy Farms, LLC v Atlantic Building Systems, LLC, do |
| Motion No: 2016-06704 |
| Slip Opinion No: 2016 NY Slip Op 92314(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M221905
S/afa
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2016-06704 Cassidy Farms, LLC, respondent-appellant, v Atlantic Building Systems, LLC, doing business as Armstrong Steel Corporation, appellant-responden (Index No. 64000/15)
| DECISION & ORDER ON MOTION t. |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 23, 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 the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the application is denied as academic.
ENG, P.J., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court