Marine Terrace Holdings, LLC v. Brandt

Full title: Marine Terrace Holdings, LLC, Appellant, v. Anita Brandt, Respondent, et…

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

Date published: Apr 14, 2016

2016 N.Y. Slip Op. 71114 (N.Y. App. Term 2016)

Opinion

Motion No: 2014-02844 QC

04-14-2016

Marine Terrace Holdings, LLC, Appellant, v. Anita Brandt, Respondent, et al., Undertenants.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 26, 2013, for failure to prosecute. Cross motion by appellant for an enlargement of time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, 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; and it is further,

ORDERED that respondent's motion and appellant's cross motion are denied as academic.

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