| Gloria Palmer v Grace Spooner |
| Motion No: 2008-00626 KC |
| Slip Opinion No: 2008 NYSlipOp 70492(U) |
| Decided on April 24, 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
| GLORIA PALMER, Appellant, -against- GRACE SPOONER, 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]). Here, the appeal is purportedly taken from an order upon the court's review of certain documents. 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 she be so advised, is to seek relief in the court below upon a written motion.