Opinion
Motion No: 2014-00467 N C
04-25-2014
Andrew H. Melville, Appellant, v. Elias Also Known as Eli Fixler, Respondent.
, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the District Court of Nassau County, First District, dated January 31, 2014.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal as of right lies from an order that does not determine a motion made on notice (UDCA 1702 [a] [2]), and leave to appeal has not been granted. CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." Appellant's remedy, if he be so advised, is to move in the District Court to set aside the January 31, 2014 order and, if necessary, to appeal from the order determining that motion.
ENTER:
Paul Kenny
Chief Clerk