Opinion
Motion No: 2011-05501 2012-01535 Index No. 4785/99 M134504
03-09-2012
Morgan Delijani, respondent, v. Parham Delijani, defendant; Sean Sabeti, nonparty-appellant.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, dated June 1, 2010, and May 13, 2011, respectively, and to extend the time to move for leave to reargue a prior motion to impose a sanction upon him for failure to appear at a CAMP conference, which was determined by decision and order on motion of this Court dated October 31, 2011.
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 from the order dated June 1, 2010 (Appellate Division Docket No. 2012-01535), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the determination of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 1, 2010, is denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 13, 2011 (Appellate Division Docket No. 2011-05501), is granted, the appellant's time to perfect that appeal is enlarged until May 8, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court