Opinion
2013-02775 Index No. 10-27267 M154076
04-04-2013
Keith L. Brown, appellant, v. Hyacinth T. Brown, respondent.
, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by Keith L. Brown for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated March 1, 2013, and, to stay his eviction from the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal taken as of right 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 it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court