| Matthew R. Ruotola v Daniel Fonseca |
| Motion No: 2012-00093 wc |
| Slip Opinion No: 2012 NY Slip Op 67891(U) |
| Decided on March 14, 2012 |
| 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.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Matthew R. Ruotola, Respondent, v Daniel Fonseca, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, entered November 30, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as the order entered November 30, 2011 is not appealable as of right since it did not determine a motion made upon notice (see UCCA 1702 [a] [2]; CPLR 2211); and it is further,
ORDERED that the motion for a stay pending the determination of the appeal is denied as moot.
ENTER:
Paul Kenny
Chief Clerk