| Talakkottur R. David v Laila Shahi |
| Motion No: 2008-00317 WC |
| Slip Opinion No: 2008 NYSlipOp 66799(U) |
| Decided on March 14, 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
| TALAKKOTTUR R. DAVID, Appellant, -against- LAILA SHAHI, Respondent. |
DECISION
On the court's own motion, appeals from orders dated December 7, 2007 and December 24, 2007 are dismissed.
The appeal from the order of December 7, 2007 is dismissed as the order was superseded by the subsequent order dated December 24, 2007, issued upon reargument.
The appeal from the order dated December 24, 2007, is dismissed as no appeal can be taken as of right unless the motion decided is made upon notice (see UCCA 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." Appellant's remedy, if he be so advised, is to seek relief in the court below upon a written motion made on notice.