| 2269 Realty, L.L.C. v Boris Volovich & Lyudmila Volovich |
| Motion No: 2009-01338 kc |
| Slip Opinion No: 2010 NY Slip Op 77251(U) |
| Decided on July 16, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| 2269 Realty, LLC., Respondent, v Boris Volovich and Lyudmila Volovich, Appellants. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 29, 2009.
ORDERED, on the court's own motion, that 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." Appellants' remedy, if they be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk