10-14 Glencar, LLC v. Johnson

Full title: 10-14 Glencar, LLC, Appellant, v. Lakenya Johnson, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jan 5, 2016

2016 N.Y. Slip Op. 60980 (N.Y. App. Term 2016)

Opinion

2015-27 W C

01-05-2016

10-14 Glencar, LLC, Appellant, v. Lakenya Johnson, Respondent.

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appeal, as limited by the "argument" portion of appellant's brief, from so much of an order of the City Court of New Rochelle, Westchester County, entered September 17, 2014, as, sua sponte, converted respondent's opposition to appellant's motion to dismiss respondent's counterclaim into a motion for summary judgment on the counterclaim and granted the motion.

On the court's own motion, it is

ORDERED that the appeal is dismissed on the ground that no appeal as of right lies from the City Court's sua sponte order (see UDCA 1702 [a] [2]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]) and leave to appeal has not been granted.

ENTER:

Paul Kenny

Chief Clerk