| Frank-michael Cassano & Camille-carmella Cassano v Schoeps & Specht; Kushel & Faberov; Felix Lemberskiy & Rita Lemberskaya |
| Motion No: 2010-02406 ric |
| Slip Opinion No: 2011 NY Slip Op 63614(U) |
| Decided on February 3, 2011 |
| 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Frank-Michael Cassano and Camille-Carmella Cassano, Respondents, v Schoeps & Specht; Kushel & Faberov; Felix Lemberskiy and Rita Lemberskaya, Appellants. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Richmond County, entered July 6, 2010.
ORDERED that the motion is granted and 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