Matter of Gocmen v Labriola
Motion No: 2007-10683
Slip Opinion No: 2007 NYSlipOp 85765(U)
Decided on December 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M62962

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-10683

In the Matter of Mark Gocmen, respondent,

v Adam Labriola, appellant.

(Index No. 07-12571)

DECISION & ORDER ON MOTION

Appeal by Adam Labriola from an order of the Supreme Court, Westchester County, dated October 29, 2007.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.

CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court