| Hurwitz v Silverstein |
| Motion No: 2017-03661 |
| Slip Opinion No: 2017 NY Slip Op 93259(U) |
| Decided on November 24, 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
M241747
E/ct
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-03661 Adam Hurwitz, et al., respondents, v Keith D. Silverstein, et al., appellants (and a third-party action). (Index No. 13002/10)
| DECISION & ORDER ON MOTION |
Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision and order (one paper) of the Supreme Court, Nassau County, entered August 1, 2016. By order to show cause dated August 30, 2017, the parties were directed to show cause why the appeals should or should not be dismissed on the ground that the portion of the decision and order which determined that the date of dissolution of the subject law firms was March 10, 2006, constituted a decision from which no appeal lies and no appeal lies as of right from the remaining portion of the decision and order as it was not the result of a motion made on notice, and leave to appeal had not been granted. Application by the appellants Keith D. Silverstein, Keith D. Silverstein & Associates, P.C., and Silverstein Law Group, P.C., for leave to appeal to this Court from the portion of the decision and order other than the portion that determined that the date of dissolution of the subject law firms was March 10, 2006.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements (see CPLR 5701, Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the application to enlarge the time to perfect the appeals is denied as academic; and it is further,
ORDERED that the application for leave to appeal from the portion of the decision and order other than the portion which determined that the date of dissolution of the subject law firms was March 10, 2006, is denied without prejudice to making a motion for that relief.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court