Appellate Division: Second Judicial Department

M264506

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2018-10914 Maryellen Lively, appellant, v Michael Lively, respondent. (Index No. 200882/15)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated February 26, 2018. By order to show cause dated May 31, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the portions of the decision and order that denied applications and motions previously referred to trial are not appealable as of right as they did not result from motions made on notice and leave to appeal has not been granted, and the remainder of the decision and order constitutes a decision from which no appeal lies, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 appellant's motion is denied as academic.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court