Opinion
Motion No: 2016-00180 NC
08-16-2016
Shaff McLin, Respondent, v. Mental Health Association, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, in effect, to vacate a decision and order on motion of this court dated July 22, 2016, which, on the court's own motion, dismissed an appeal from a "decision and order" of the District Court of Nassau County, First District, entered January 21, 2016, and to reinstate the appeal and a stay pending the determination of the appeal granted by decision and order on motion of this court dated May 4, 2016, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order on motion dated July 22, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied for the reasons stated in this court's decision and order on motion dated July 22, 2016.
As noted in this court's decision and order on motion dated July 22, 2016, the District Court's "decision and order" did not determine a motion made on notice, as no motion had been made. Moreover, as no final judgment has been entered, the "decision and order" is in fact only a decision and is not appealable (see UDCA 1702). Appellant's remedy, if it be so advised, is to cause a final judgment to be entered and to appeal therefrom.
ENTER:
Paul Kenny
Chief Clerk