| Queens Fresh Meadows, LLC v Baijnath Agiwal |
| Motion No: 2009-00863 QC |
| Slip Opinion No: 2009 NY Slip Op 81317(U) |
| Decided on August 18, 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
| QUEENS FRESH MEADOWS, LLC, Respondent, -against- BAIJNATH AGIWAL, Appellant. |
DECISION
Motion by appellant for leave to reargue the order of this court dated May 29, 2009 is granted and, upon reargument, the order is adhered to.
No appeal can be taken as of right from an order unless the motion it decided was made upon notice (see CCA 1702 [a] [2]). CPLR 2211 provides that, "A motion on notice is made when a notice of motion or an order to show cause is served." Appellant's remedy, if appellant be so advised, is to seek relief in the Civil Court upon a written motion.