Jakab v Metropolitan Transit Authority
Motion No: 2016-05987
Slip Opinion No: 2017 NY Slip Op 62417(U)
Decided on January 31, 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

M225454

E/ct

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-05987

Angela Jakab, appellant, v Metropolitan

Transit Authority, et al., respondents.

(Index No. 16116/13)

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 an order of the Supreme Court, Queens County, dated March 17, 2016. By order to show cause dated December 22, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order was not appealable as of right as it was not the result of a motion made on notice and leave to appeal had not been granted, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the application is denied as academic.

DILLON, J.P., AUSTIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court