East and West Unlimited Florida Corporation v Danilovsky
Motion No: 2016-07589
Slip Opinion No: 2017 NY Slip Op 61218(U)
Decided on January 17, 2017
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

M224553

S/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-07589

East and West Unlimited Florida Corporation, appell

v Youry L. Danilovsky, respondent, et al., defendants

(Index No. 18499/12)

DECISION & ORDER ON MOTION

ant,
.

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, Kings County, dated June 13, 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court