| Eileen Mcauley v Elmcrest Homeowners Assn., Etc. |
| Motion No: 2012-00678 dc |
| Slip Opinion No: 2012 NY Slip Op 83989(U) |
| Decided on September 6, 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
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Eileen McAuley, Appellant, v Elmcrest Homeowners Association, etc., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Justice Court of the Village of Fishkill, Dutchess County, dated June 13, 2012, on the ground that respondent was not served with the notice of appeal.
Upon the papers filed in support of the motion and the papers 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 the Justice Court's sua sponte order (see UJCA 1702 [a] [2]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]); and it is further,
ORDERED that respondent's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk