| Winneth Charles & Edd Kelly v Sunlight Linen Corp. & Marcos Gomez |
| Motion No: 2009-00074 KC |
| Slip Opinion No: 2009 NY Slip Op 71681(U) |
| Decided on April 28, 2009 |
| 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, 11th and 13th JUDICIAL DISTRICTS
| WINNETH CHARLES and EDD KELLY, Respondents, -against- SUNLIGHT LINEN CORP. and MARCOS GOMEZ, Appellants. |
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." Appellants' remedy, if they be so advised, is to seek relief in the court below upon a written motion.