Opinion
Motion No. 2022-06749 Index Nos. 10385/2013385/2014 602582/2014 Action Nos. 1 2 3
05-22-2023
Richard Bennett, et al., plaintiffs-respondents, v. State Farm Fire and Casualty Company, et al., defendants-respondents. State Farm Fire and Casualty Company, etc., et al., appellants, v. Creative Landscaping By Cow Bay, Inc., et al., defendants-respondents, et al., defendants. Richard Bennett, etc., et al., plaintiffs-respondents, v. State Farm Fire and Casualty Company, et al., defendants-respondents.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P. VALERIE BRATHWAITE NELSON CHERYL E. CHAMBERS BARRY E. WARHIT, JJ.
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.