| McLucas v McLucas |
| Motion No: 2017-07356 |
| Slip Opinion No: 2018 NY Slip Op 67124(U) |
| Decided on March 15, 2018 |
| 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
M247434
E/afa
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2017-07356 Scott R. McLucas, respondent, v Hope A. McLucas, appellant. (Index No. 4398/15)
| DECISION & ORDER ON MOTION |
Application by the 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, Dutchess County, dated June 5, 2017. By order to show cause dated February 6, 2018, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies from a decision, and that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application 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; Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court