JEREMIAH CURTIS-SHANLEY, ap, v. DAK ENTERPRISES, INC. res — Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered May 17, 2012, as a poor person and to enlarge the time to perfect the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and application, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the application, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order does not affect a substantial right (see CPLR 5701[a] [2][v]; Walter v. Castrataro, 94 AD3d 872), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion and the application are denied as academic.

ANGIOLILLO, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.