| Cavalry Portfolio Servs., LLC As Assignee of Cavalry Invs., LLC, As Assignee of Fia Card Servs., N.A. v Charles T. Miller |
| Motion No: 2010-02703 qc |
| Slip Opinion No: 2010 NY Slip Op 91739(U) |
| Decided on December 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
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
| Cavalry Portfolio Services, LLC as Assignee of Cavalry Investments, LLC, as Assignee of FIA Card Services, N.A., Respondent, v Charles T. Miller, 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 9, 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 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 court below upon a written motion.
ENTER:
Paul Kenny
Chief Clerk