| Garcia v CPS 1 Realty, LP |
| Motion No: 2017-01049 |
| Slip Opinion No: 2017 NY Slip Op 80825(U) |
| Decided on July 25, 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
M234626
X/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
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2017-01049 Walter Garcia, plaintiff-respondent, v CPS 1 Realty, LP, et al., defendants third-party plaintiffs-responden et al., defendants; Nova Development Group, Inc., third-party defendant-appellant, Atlantic Heyd Corporation, third-party defendant-respondent. (Index No. 8020/11)
| DECISION & ORDER ON MOTION ts, |
Application by the third-party defendant-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision and order (one paper) of the Supreme Court, Suffolk County, dated November 28, 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 from the decision and order is dismissed, without costs or disbursements, on the grounds that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), 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