Opinion
2012-10889 Index No. 24207/09 M156241
05-13-2013
Landmark Ventures, Inc., appellant, v. H5 Technologies, Inc., respondent.
, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered September 17, 2012. By order to show cause dated April 1, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that reviews objections raised at an examination before trial, and the application was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Braverman v Bendiner & Schlesinger, Inc., 85 AD3d 1074; Strain v Strain, 259 AD2d 481; Cruz v Roman Catholic Church for Most Holy Trinity, 222 AD2d 395, Rockwood Natl. Corp. v Peat, Marwick, Mitchell & Co., 59 AD2d 573); and it is further,
ORDERED that the appellant's application is denied as academic.
RIVERA, J.P., HALL, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court