Arthur R. Simpkins v Mary Mackey
Motion No: 2007-01930 SC
Slip Opinion No: 2008 NYSlipOp 61201(U)
Decided on January 15, 2008
Appellate Term, 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 TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2007-1930 S C
ARTHUR R. SIMPKINS,

Appellant,

-against-

MARY MACKEY,

Respondent.

DECISION

On the court's own motion, appeal dismissed.

Plaintiff filed a notice of appeal from an order granting an oral motion by defendant to dismiss. No appeal can be taken as of right from an order determining an oral motion (see UDCA 1702 [a] [2]; CPLR 2211). Plaintiff's remedy, if he be so advised, is to make a written motion in the court below to set aside the order so that a proper appellate record can be developed.