Appellate Division: Second Judicial Department

M261401

E/mm

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-07334 Marta Barrera, et al., appellants, v Liberty Lines Transit, Inc., et al., respondents. (Index No. 52460/18)

DECISION & ORDER ON MOTION

Application by the respondents pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief on an appeal from a purported order of the Supreme Court, Westchester County, dated May 7, 2018. By order to show cause dated February 1, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-referenced appeal on the grounds that (1) the purported order dated May 7, 2018, annexed to the notice of appeal is not an order within the meaning of CPLR 2219(a), (2) there is no order of the Supreme Court, Westchester County, dated May 7, 2018, as recited in the notice of appeal, and/or (3) the appeal is not properly before this Court.

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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted on the ground that the purported order dated May 7, 2018, annexed to the notice of appeal is not an order within the meaning of CPLR 2219(a), the appeal is dismissed, and the motion is otherwise denied as academic; and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., AUSTIN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court