| Forest Hills S. Apts., LLC v Bernadette Lynch |
| Motion No: 2012-00483 qc |
| Slip Opinion No: 2012 NY Slip Op 77728(U) |
| Decided on June 21, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Forest Hills South Apts., LLC, Respondent, v Bernadette Lynch, Appellant, et al., Undertenants. |
Motion by appellant for a preference in the calendering of an appeal from an order of the Civil Court of the City of New York, Queens County, dated April 26, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal as of right lies from an order determining an oral motion (CCA 1702 [a] [2]; CPLR 2211; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d, 11th & 13th Jud Dists 2008]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk