Gasparik v Pirraglia Realty Corp.
Motion No: 2023-10113
Slip Opinion No: 2024 NY Slip Op 79166(U)
Decided on November 27, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M301025

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2023-10113

Robin Gasparik, plaintiff-respondent,

v Pirraglia Realty Corp., defendant-respondent,

Bellmore Home Center, Inc., appellant.

(Index No. 70451/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 8, 2023. Motion by the appellant to extend the time to perfect the appeal.

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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion by the appellant is denied as academic.

BRATHWAITE NELSON, J.P., LANDICINO, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court