| Metro Portfolios, Inc. v Daissy M. Cifuentes |
| Motion No: 2010-02750 qc |
| Slip Opinion No: 2010 NY Slip Op 90413(U) |
| Decided on December 1, 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
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Metro Portfolios, Inc., Respondent, v Daissy M. Cifuentes, Appellant. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered September 16, 2010.
ORDERED that the motion is granted and the appeal is dismissed.
No appeal can be taken as of right from an order unless it decided a motion that was made upon notice (see CCA 1702 [a] [2]; Richmond Amboy Realty, LLC v 3881 Richmond Ave. Realty, Inc., 72 AD3d 783 [2010]; New York State Div. of Human Rights v Oceanside Cove II Apt. Corp., 39 AD3d 608 [2007]). CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." The order sought to be appealed from did not determine a motion made on notice.
ENTER:
Paul Kenny
Chief Clerk