Opinion
Motion No: 2012-01820 Index No. 10299/06M142083
08-13-2012
Hamlet Peralta, appellant, v. Deborah Nina, et al., respondents.
, 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 an appeal from a clerk's extract of the minutes of the proceedings of the Supreme Court, Queens County, in the above-entitled action, entered January 18, 2012.
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, as no appeal lies from a clerk's extract of the proceedings (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591); 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