Appellate Division: Second Judicial Department

M271307

kbp/

LEONARD B. AUSTIN, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-00200 Sheri Stevens, appellant, v Four Points Installations, et al., respondents. (Index No. 63307/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 24, 2018. Motion by the appellant to extend the time to serve and file a reply brief. By order to show cause dated February 11, 2020, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the grounds that the appellant is not aggrieved by the portion of the order which denied the respondents' motion which was determined by the order dated October 24, 2018 (see CPLR 5511), and the remainder of the order does not result from a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and the motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been 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 motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511, 5701); and it is further,

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

AUSTIN, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court