| Catalano Assoc., LLC v Regal Home Ctr. & Contr., Inc., Michael Mcgowen, Vito Ribaudo & James Wurts |
| Motion No: 2010-02913 ric |
| Slip Opinion No: 2011 NY Slip Op 66969(U) |
| Decided on March 8, 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
| Catalano Associates, LLC, Respondent, v Regal Home Center & Contracting, Inc., Michael McGowen, Vito Ribaudo and James Wurts, 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 September 29, 2010.
ORDERED that the motion is granted and the appeal is dismissed.
An appeal as of right lies only from an order that determines a motion made upon notice (see CCA 1702 [a] [2]; CPLR 2211).
ENTER:
Paul Kenny
Chief Clerk