| Jamerson Miller v Willmohr Equities, LLC |
| Motion No: 2007-00494 KC 01-09-2008 |
| Slip Opinion No: 2008 NYSlipOp 64047(U) |
| Decided on February 8, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| JAMERSON MILLER, Appellant, -against- WILLMOHR EQUITIES, LLC, Respondent. |
DECISION
On the court's own motion, appeal is dismissed.
No appeal can be taken as of right unless the motion decided is made upon notice (see CCA 1702 [a] [2]). CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." Here, the appeal is purportedly taken from an entry on the file marked "Dismissed" on December 19, 2006. Appellant's remedy, if he be so advised, is to seek relief in the court below upon a written motion.