Rini v. Blanck

Full title: Geraldine Rini, etc., respondent, v. Richard Blanck, et al., defendants…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 26, 2011

2011 N.Y. Slip Op. 87953 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-06908 Index No. 5063/91M127913

10-26-2011

Geraldine Rini, etc., respondent, v. Richard Blanck, et al., defendants. Stephen Gulotta, etc., appellant.

PETER B. SKELOS

, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered June 10, 2011, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice. Cross motion by the appellant pursuant to CPLR 5701(c) for leave to appeal to this Court from the order entered June 10, 2011.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is denied; and it is further,

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701).

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court