| Anne N. Mckenna, By Her Attorneys In Fact, Laura Mckenna & Christine M. Kessler, & Laura Mckenna & Christine M. Kessler, As Trustees of Anne N. Mckenna Irrevocable Trust v Anne E. Mckenna Faraldo |
| Motion No: 2007-01887 SC |
| Slip Opinion No: 2008 NYSlipOp 66744(U) |
| Decided on March 7, 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 : 9th and 10th JUDICIAL DISTRICTS
| ANNE N. McKENNA, by her attorneys in fact, LAURA McKENNA and CHRISTINE M. KESSLER, and LAURA McKENNA and CHRISTINE M. KESSLER, as Trustees of THE ANNE N. McKENNA IRREVOCABLE TRUST, Respondents, -against- ANNE E. McKENNA FARALDO, Appellant, -and- ROCCO DANIEL FARALDO, "JOHN DOE" and "JANE DOE", Respondents. |
DECISION
Motion by tenant-appellant for a stay of all proceedings including trial and for other relief is denied.
On the court's own motion, appeal is dismissed (see UDCA 1702 [a] [2]; CPLR 2211).
No appeal can be taken as of right unless the motion decided is made upon notice (see UDCA 1702 [a] [2]). Here, the appeal is taken from an order which denied tenants' oral motion not made upon notice. CPLR 2211 provides that "[a] motion on notice is made when a notice of the motion or an order to show cause is served." Tenant-appellant's remedy, if she be so advised, is to seek relief in the court below upon a written motion.