Appellate Division: Second Judicial Department

M258612

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-12668 Quanette Washington, appellant, v Jay Street Development Corp., respondent. (Index No. 17905/09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered November 2, 2017. By order to show cause dated October 17, 2018, the parties were directed to show cause why the appeal should or should not be dismissed, inter alia, 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, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which was to dismiss the appeal on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice (see CPLR 5701), is granted, we decline to grant leave to appeal, the appeal is dismissed, without costs or disbursements, and the motion to dismiss is otherwise denied as academic; and it is further,

ORDERED that the appellant's motion is denied as academic.

DILLON, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court