Opinion
2012-06739 Index No. 11712/11 M147034
11-26-2012
In the Matter of Jason Huntley, appellant, v. Andrea Evans, etc., respondent.
, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Orange County, dated June 7, 2012.
Upon the papers filed in support of the motion 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 intermediate order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court