GREGORY P. SCIALDONE, ap, v. STEPPING STONES ASSOCIATES, LP, res — 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, Westchester County, entered June 26, 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, 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 we decline to grant leave to appeal; and it is further,

ORDERED that the application is denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.