Appellate Division: Second Judicial Department

M288433

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2022-01431 Kathleen F. Heinegg, respondent, v Thomas F. Heinegg, appellant. (Index No. 2840/2019)

DECISION & ORDER ON MOTION

Appeal from a decision and order after trial of the Supreme Court, Suffolk County, dated January 10, 2022. Motion by the appellant to extend the time to perfect the appeal. By order to show cause dated December 14, 2022, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies a from decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and the appellant's 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 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 Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion to extend the time to perfect the appeal is denied as academic.

CONNOLLY, J.P., MALTESE, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court