Opinion
Motion No: 2019-01402 SC
10-04-2019
Dusan Ondris, Respondent, v. Marc A. Chiffret, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Justice Court of the Town of Southampton, Suffolk County, entered August 27, 2019. The order denied appellant's unnoticed application to disqualify respondent's attorney.
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 (UJCA 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.
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