| Frey v Chiou |
| Motion No: 2010-06244 |
| Slip Opinion No: 2010 NY Slip Op 90238(U) |
| Decided on December 9, 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. |
Appellate Division: Second Judicial Department
M112162
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2010-06244 Jean Marie Frey, et al., appellants, v Ming C. Chiou, etc., et al., respondents, et al., defendant. (Index No. 07-1643)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Separate motions by the respondents Ming C. Chiou and Warwick Anesthesia and Pain Management and the respondent St. Anthony's Community Hospital to dismiss an appeal from an order of the Supreme Court, Orange County, dated May 7, 2010, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701), without prejudice to the appellant moving to vacate the order in the Supreme Court, Orange County.
COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court