Appellate Division: Second Judicial Department

M238268

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-00012 Malka Bernstein, respondent, v Jacob Bernstein, appellant. (Index No. 55164/14)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 26, 2016. By order to cause dated July 10, 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 dated October 26, 2016, 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 respondent's motion 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 respondent's motion 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 respondent's motion is denied as academic.

HALL, J.P., ROMAN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court