Montemarano, administrator of the estate of Montemarano v Atlantic Exp

Montemarano, administrator of the estate of Montemarano v Atlantic Exp

Motion No: 2017-04769

Slip Opinion No: 2017 NY Slip Op 89798(U)

Decided on October 19, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M239551

E/afa

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-04769
Carmine Montemarano, Jr., administrator
of the estate of Carmine Montemarano, et al.,
appellants, v Atlantic Express Transportation
Group, Inc., et al., respondents.
(Index No. 10813/99)

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, Richmond County, dated March 30, 2017.

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 is dismissed, without costs or disbursements, on the ground that 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.

RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court