| Tangalin v MTA Long Island Bus |
| Motion No: 2011-01557 |
| Slip Opinion No: 2011 NY Slip Op 77942(U) |
| Decided on July 8, 2011 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M122765
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-01557, 2011-01892 Rufino Tangalin, et al., respondents, v MTA Long Island Bus, et al., appellants, et al., defendant. (Index No. 1511/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents Rufino Tangalin and Anita Tangalin to dismiss appeals from two orders of the Supreme Court, Nassau County, entered August 13, 2010, and December 20, 2010, respectively, on the grounds that, inter alia, no appeal lies as of right from an order that is not the result of a motion made on notice.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted to the extent that the appeal from the order entered August 13, 2010 (Appellate Division Docket No. 2011-01892), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted, and the motion is otherwise denied.
SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court