| Rini v Blanck |
| Motion No: 2011-06908 |
| Slip Opinion No: 2011 NY Slip Op 87953(U) |
| Decided on October 26, 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
M127913
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2011-06908 Geraldine Rini, etc., respondent, v Richard Blanck, et al., defendants. Stephen Gulotta, etc., appellant. (Index No. 5063/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered June 10, 2011, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice. Cross motion by the appellant pursuant to CPLR 5701(c) for leave to appeal to this Court from the order entered June 10, 2011.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is denied; and it is further,
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701).
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court