| Matter of Gocmen v Labriola |
| Motion No: 2007-09805 |
| Slip Opinion No: 2007 NYSlipOp 82987(U) |
| Decided on November 5, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M62145
E/sl
STEPHEN G. CRANE, J.P.
STEVEN W. FISHER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-09805 In the Matter of Mark Gocmen, respondent, v Adam Labriola, appellant. (Index No. 12571/07)
| DECISION & ORDER ON MOTION |
Motion by Adam Labriola, in effect, pursuant to CPLR 5704(a) to vacate an ex parte order of the Supreme Court, Westchester County, dated July 13, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements, as no appeal lies from an ex parte order (see Violante v Berkowitz, 90 AD2d 837).
CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court