Ralph Baker v No. 2010-452 K C Sens production/noemie Lafrance
Slip Opinion No: 2010 NY Slip Op 68256(U)
Decided on April 8, 2010
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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., WESTON and RIOS, JJ.

RALPH BAKER,

Appellant,

-against-

NO. 2010-452 K C

SENS PRODUCTION/NOEMIE LaFRANCE,

Respondent.

DECISION

On the court's own motion, the appeal is dismissed.

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 the motion or an order to show cause is served." Appellant's remedy, if he be so advised, is to seek relief in the Civil Court upon a written motion.