| Bennett v State Farm Fire and Casualty Company |
| Motion No: 2022-06749 |
| Slip Opinion No: 2023 NY Slip Op 67330(U) |
| Decided on May 22, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M289149
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
CHERYL E. CHAMBERS
BARRY E. WARHIT, JJ.
|
2022-06749 Richard Bennett, et al., plaintiffs-respondents, v State Farm Fire and Casualty Company, et al., defendants-respondents. (Action No. 1) State Farm Fire and Casualty Company, etc., et al., appellants, v Creative Landscaping By Cow Bay, Inc., et al., defendants-respondents, et al., defendants. (Action No. 2) Richard Bennett, etc., et al., plaintiffs-respondents, v State Farm Fire and Casualty Company, et al., defendants-respondents. (Action No. 3) (Index No. 10385/2013, 385/2014, 602582/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated July 12, 2022. Motion by the plaintiffs-respondents to dismiss the appeal on the ground that 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. Application by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs and disbursements (see CPLR 5701); and it is further,
ORDERED that the application is denied as academic.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court