Appellate Division: Second Judicial Department

M278377

E/sl

ROBERT J. MILLER, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2020-00885 Jacqueline Smalls, appellant, v State of New York, respondent. (Claim No. 130082)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims Court dated October 1, 2019. Motion by the respondent to enlarge the record to include a transcript of the proceedings which occurred on September 19, 2019, and a certain document dated September 27, 2019, and to extend the time to serve and file a brief. By order to show cause dated June 7, 2021, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted, and the respondent's motion was held in abeyance pending determination of this Court's motion to dismiss the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent'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 5701); and it is further,

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

MILLER, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court