| Sweet Constructors, LLC v Wallkill Medical Development, LLC |
| Motion No: 2017-11394 |
| Slip Opinion No: 2018 NY Slip Op 80227(U) |
| Decided on August 10, 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
M253480
E/sl
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2017-11394 Sweet Constructors, LLC, appellant, v Wallkill Medical Development, LLC, et al., respondents. (Index No. 7976/09)
| DECISION & ORDER ON MOTION |
2017-11395
Sweet Constructors, LLC, appellant,
v Wallkill Medical Development, LLC,
et al., respondents.
(Index No. 7976/09)
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Dutchess County, both dated September 5, 2017. Separate applications by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals. By order to show cause dated
June 8, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the second order dated September 5, 2017, pending under Appellate Division Docket No. 2017-11395, on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice and leave to appeal had not been granted.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation 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 appeal from the second order dated September 5, 2017, pending under Appellate Division Docket No. 2017-11395, is granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the appellant's motion and the application to enlarge the time to perfect the appeal from the second order dated September 5, 2017, pending under Appellate Division Docket No. 2017-11395, are denied as academic; and it is further,
ORDERED that the application to enlarge the time to perfect the appeal from the first order dated September 5, 2017, pending under Appellate Division Docket No. 2017-11394, is granted, and the appellant's time to perfect that appeal is enlarged until September 7, 2018.
LEVENTHAL, J.P., CHAMBERS, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court