Opinion
Motion No: 2016-02454 KC
09-14-2017
National Credit Adjusters, LLC, as Assignee of Household, Appellant, v. Celia Weinstein, Respondent.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered June 7, 2016. The order, upon a prior order of that court (Harriet L. Thompson, J.) which, sua sponte, set the matter down for a traverse hearing, and upon the failure of appellant's process server to appear at the traverse hearing, dismissed the complaint without prejudice.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice or from a sua sponte order (see CCA 1701 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]), 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 it be so advised, is to move in the Civil Court to set aside the order entered June 7, 2016 and, if necessary, to appeal from the order determining that motion. It is noted that appellant's brief references matters that occurred at the traverse hearing and appellant has failed to provide this court with a transcript of that hearing.
ENTER:
Paul Kenny
Chief Clerk