Stangel v Zhi Dan Chen
Motion No: 2010-05533
Slip Opinion No: 2010 NY Slip Op 75285(U)
Decided on June 24, 2010
Appellate Division, 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 Division: Second Judicial Department

M104628

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-05533

Frank J. Stangel, etc., et al., appellants,

v Zhi Dan Chen, et al., respondents.

(Index No. 29920/07)

DECISION & ORDER ON MOTION

Appeal by Frank J. Stangel, individually, and Frank J. Stangel, as executor of the estate of Catherine Stangel, deceased, from an order of the Supreme Court, Queens County, dated March 12, 2010.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not result from a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court