Mariners Residence, Inc. v. Arnold

Full title: Mariners Residence, Inc., Respondent, v. Adrienne Arnold, Appellant.

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

Date published: Dec 3, 2015

2015 N.Y. Slip Op. 93156 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-02582 RIC

12-03-2015

Mariners Residence, Inc., Respondent, v. Adrienne Arnold, Appellant.

DAVID ELLIOT, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeals from (1) an order of the Civil Court of the City of New York, Richmond County, entered July 1, 2015, (2) a stipulation so-ordered by the same court on August 7, 2015, and (3) a final judgment of the same court entered August 7, 2015.

On the court's own motion, it is

ORDERED that the appeals are dismissed.

The appeal from the order entered July 1, 2015 is dismissed on the ground that no appeal as of right lies from a sua sponte order (see CCA 1702) and on the further ground that any right of direct appeal from the order terminated with the entry of the final judgment on August 7, 2015. The appeal from the stipulation dated August 7, 2015 is dismissed on the ground that no appeal lies from a stipulation (see id.; CPLR 5511). The appeal from the final judgment entered August 7, 2015 is dismissed on the ground that no appeal lies from a final judgment entered pursuant to a stipulation (see CPLR 5511). It is noted that appellant has separately appealed from an order denying her motion to set aside the order entered July 1, 2015 and the stipulation and final judgment, which appeal has been assigned docket No. 2015-2730 RI C.

ENTER:

Paul Kenny

Chief Clerk