JOSEPH C. AMICO, res, v. LYDIA REALTY ASSOCIATES, LLC, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered April 13, 2012, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition 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 directs a hearing to aid in the disposition of a motion (see Bagdy v. Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.