| Matter of Huntley v Evans |
| Motion No: 2012-06739 |
| Slip Opinion No: 2012 NY Slip Op 91352(U) |
| Decided on November 26, 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. |
Appellate Division: Second Judicial Department
M147034
E/ct
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2012-06739 In the Matter of Jason Huntley, appellant, v Andrea Evans, etc., respondent. (Index No. 11712/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Orange County, dated June 7, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court