Opinion
Motion No: 2012-00382 2012-00814 Index No. 10-28489 M139779
06-29-2012
Gemstar Canada, Inc., appellant, v. George A. Fuller Company, Inc., respondent.
, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
DECISION & ORDER ON MOTION
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated December 9, 2011, and an order of the same court dated May 4, 2011.
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 appeal from the order dated May 4, 2011, is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and leave to appeal has not been granted; and it is further,
ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v J. A. Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court