Appellate Division: Second Judicial Department

M231688

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2016-11590 Roy Tucillo, appellant, v Town of North Hempstead, et al., respondents. (Index No. 9012/13)

DECISION & ORDER ON MOTION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an undated purported judgment of the Supreme Court, Nassau County. By order to show cause dated April 3, 2017, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the purported judgment is, in effect, a clerk's extract of the minutes of a jury verdict and no appeal lies from a clerk's extract of the minutes of a jury verdict, 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 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 5512[a]; Rockman v Brosnan, 280 AD2d 591); and it is further,

ORDERED that the application is denied as academic.

BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court