Rubin v Rubin
Motion No: 2012-03471
Slip Opinion No: 2012 NY Slip Op 84815(U)
Decided on September 19, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M143785

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2012-03471

James B. Rubin, appellant,

v Guadulupe Rubin, respondent.

(Index No. 05-17008)

DECISION & ORDER ON MOTION

Appeal by James B. Rubin from an order of the Supreme Court, Westchester County, entered March 13, 2011.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court