Lopez v. Sabella

Full title: John Lopez, appellant, v. Daniel J. Sabella, Jr., et al., respondents.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 10, 2012

2012 N.Y. Slip Op. 72829 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-10848 Index No. 555/09M137263

05-10-2012

John Lopez, appellant, v. Daniel J. Sabella, Jr., et al., respondents.

ANITA R. FLORIO

, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

JEFFREY A. COHEN, 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, dated September 20, 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 is 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 leave to appeal has not been granted; and it is further,

ORDERED that the application is denied as academic.

FLORIO, J.P., BALKIN, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court