104-106 1st Place Corp. v. Scotto Funeral Home, LLC

Full title: 104-106 1st Place Corp., Respondent, v. Scotto Funeral Home, LLC…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Sep 18, 2018

2018 N.Y. Slip Op. 84510 (N.Y. App. Term 2018)

Opinion

Motion No: 2018-01881 KC

09-18-2018

104-106 1st Place Corp., Respondent, v. Scotto Funeral Home, LLC, Appellant.

MICHELLE WESTON, J.P.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 5, 2018.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice (CCA 1702 [a] [2]; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]), and leave to appeal has not been granted.

CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served."

ENTER:

Paul Kenny

Chief Clerk