| Jacquelyne Cody v Rcga Architects & Robert St. C. Gaskin, Aia |
| Motion No: 2008-01555 KC |
| Slip Opinion No: 2008 NYSlipOp 84355(U) |
| Decided on September 25, 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
| JACQUELYNE CODY, Appellant, -against- RCGA ARCHITECTS and ROBERT ST. C. GASKIN, AIA, Respondent. |
DECISION
On the court's own motion, appeal dismissed.
An appeal may be taken as of right from an order only if the order decides a motion made on notice (CCA 1702 [a] [2]). A motion is made on notice when a notice of motion or an order to show cause is served (CPLR 2211). Here, an appeal has been noticed from an order granting an oral motion, which is not appealable as of right.
We note that leave to appeal from the order (CCA 1702 [c]) cannot be granted at this juncture because the record transmitted to this court does not include a transcript reflecting the reasons for the order, and thus does not provide a basis for proper appellate review of the order.