| Toner Buzz, Inc., also known as Ace Toner v Weiss |
| Motion No: 2016-09039 |
| Slip Opinion No: 2017 NY Slip Op 67423(U) |
| Decided on March 16, 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. |
Appellate Division: Second Judicial Department
M227749
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2016-09039 Toner Buzz, Inc., also known as Ace Toner, et al., appellants, v Amron Weiss, et al., respondents. (Index No. 32016/16)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated July 22, 2016. By order to show cause dated January 24, 2017, 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 is not appealable as of right as it is not the result of a motion made on notice and leave to appeal has not been granted, and the application was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, and 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 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., LEVENTHAL, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court