| Queens Fresh Meadows, LLC v Janice Newberry |
| Motion No: 2010-01159 qc |
| Slip Opinion No: 2011 NY Slip Op 79555(U) |
| Decided on July 21, 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
| Queens Fresh Meadows, LLC, Respondent, v Janice Newberry, Appellant, and "John Doe" and "Jane Doe," Undertenants. |
Appeal from so much of an order of the Civil Court of the City of New York, Queens County, entered March 23, 2010, as granted the branch of appellant's motion seeking an award of attorney's fees only to the extent of setting the matter down "for settlement or a hearing to determine reasonable attorney fees not in excess of $200."
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal lies as of right from the portion of the Civil Court's order sought to be appealed, as it did not finally decide the stated branch of appellant's motion (see CCA 1702 [a] [2]; Singer v Singer, 170 AD2d 496 [1991]), and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk