| K., an infant by her mother and natural guardian, Kelly v Meadow |
| Motion No: 2016-11716 |
| Slip Opinion No: 2017 NY Slip Op 79165(U) |
| Decided on July 6, 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
M234059
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
HECTOR D. LASALLE, JJ.
|
2016-11716 B. K., an infant by her mother and natural guardian, Lisa Kelly, et al., appellants, v Meadow Drive School, et al., respondents. (Index No. 11787/14)
| 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, Nassau County, entered September 26, 2016. By order to show cause dated April 26, 2017, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies from an order determining a motion in limine, 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 Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., BALKIN, ROMAN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court