Opinion
Motion No: 2012-02846 2012-02849 2012-02850 2012-04974 Index No. 27429/11 10576/07 M139556
06-25-2012
Patricia Hodge, appellant, v. Koenigsberg & Associates, P.C., respondent. (Appeal Nos. 1, 2, 3) Patricia Hodge, appellant, v. McNally International Corp., et al., respondents. (Appeal No. 4)
, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute appeals from three orders of the Supreme Court, Kings County, dated December 13, 2011, February 1, 2012, and March 1, 2012, respectively, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect those appeals as well as an appeal from an amended referee's report of the same court dated April 23, 2012.
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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeals from the orders dated December 13, 2011, and March 1, 2012 (Appellate Division Docket Nos. 2012-02846, 2012-02850), are 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 on the Court's own motion, the appeal from the amended referee's report dated April 23, 2012 (Appellate Division Docket No. 2012-04974), is dismissed, without costs or disbursements, on the ground that no appeal lies from the amended referee's report either as of right or by permission (see CPLR 5701); and it is further,
ORDERED that the branches of the motion which are for poor person relief with respect to the appeals from the orders dated December 13, 2011, and March 1, 2012, and the branches of the application which are to enlarge the time to perfect those appeals and the appeal from the amended referee's report dated April 23, 2012, are denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated February 1, 2012, as a poor person is denied; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated February 1, 2012, is denied as premature.
DILLON, J.P., BELEN, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court