| Dashley Corp. v Trinidad Valente |
| Motion No: 2011-01539 wc |
| Slip Opinion No: 2011 NY Slip Op 78136(U) |
| Decided on July 5, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Dashley Corporation, Appellant, v Trinidad Valente, Respondent. |
Appeal from an order of the Justice Court of the Village of Sleepy Hollow, Westchester County, dated June 29, 2010.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The order dated June 29, 2010 is not appealable as of right since it did not determine a motion made upon notice (see UJCA 1702 [a] [2]; CPLR 2211). In addition, appellant is not considered aggrieved by the order (see CPLR 5511) since it failed to submit written opposition to the motion (see e.g. Viggiani v Grodotzke, 306 AD2d 273 [2003]; Board of Mgrs. of Oceana Condominium No. Eight v Gabiam, 31 Misc 3d 129[A], 2011 NY Slip Op 50563 [App Term, 2d, 11th & 13th Jud Dists 2011]).
ENTER:
Paul Kenny
Chief Clerk