| George B. Weiss v Sean Straw |
| Motion No: 2010-00346 qc |
| Slip Opinion No: 2011 NY Slip Op 65690(U) |
| Decided on February 22, 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.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| George B. Weiss, Appellant, v Sean Straw, Respondent. |
Court's own motion to dismiss an appeal from a "decision/order" of the Civil Court of the City of New York, Queens County, dated June 2, 2009.
ORDERED that the motion is granted and the appeal is dismissed, as no appeal lies from a decision (CCA 1702; Hall v Paez, 77 AD3d 620 [2010]) and no appeal as of right lies from an order determining an oral motion (CCA 1702 [a] [2]; CPLR 2211; McDermott v Barker, 20 AD2d 546 [1963]; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d, 11th & 13th Jud Dists 2008]). Appellant, if he be so advised, may cause a final judgment to be entered and appeal therefrom.
ENTER:
Paul Kenny
Chief Clerk