| The Elizabeth Kurrus Special Needs Trust v McCord |
| Motion No: 2017-06678 |
| Slip Opinion No: 2017 NY Slip Op 95024(U) |
| Decided on December 8, 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
M242683
Z/sl
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2017-06678 The Elizabeth Kurrus Special Needs Trust, et al., plaintiffs, v Theresa McCord, et al., respondents; Victoria Starkey, nonparty- appellant. (Index No. 610/16)
| ORDER ON APPLICATION |
Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated May 16, 2017.
Upon the papers filed in support of the application and the papers filed in opposition 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.
ENTER:
Aprilanne Agostino
Clerk of the Court