| Frances Melick v Ken's Serv. Sta., Inc. & Sheryl A. Melick |
| Motion No: 2012-00325 orc |
| Slip Opinion No: 2012 NY Slip Op 67895(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
| Frances Melick, Appellant, v Ken's Service Station, Inc. and Sheryl A. Melick, Respondents. |
Appeal from a decision of the Justice Court of the Town of Montgomery, Orange County, dated May 25, 2011, and from an order of the same said court dated July 13, 2011.
On the court's own motion, it is
ORDERED that the appeal from the decision dated May 25, 2011 is dismissed as no appeal lies from a decision (UJCA 1702; see Farag v Farag, 4 AD3d 502 [2004]); and it is further,
ORDERED that the appeal from the order dated July 13, 2011 is dismissed, as the order is not appealable as of right since it did not determine a motion made upon notice (see UJCA 1702 [a] [2]; CPLR 2211).
ENTER:
Paul Kenny
Chief Clerk