Appellate Division: Second Judicial Department

M147513

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-08289 Solomon Abrahams, appellant, v Commonwealth Land Title Insurance Company, etc., respondent. (Index No. 07-22716)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated May 25, 2012, to vacate the order dated May 25, 2012, to reinstate the complaint, and to impose a sanction upon, among others, the respondent's attorney. Cross motion by the respondent to impose a sanction upon the appellant, for an award of costs and an attorney's fee, and to enjoin the appellant from instituting further actions or proceedings concerning this matter.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 from an ex parte order either as of right or by permission (see CPLR 5701); and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the branches of the cross motion which are to impose a sanction upon the appellant and for an award of costs and an attorney's fee are denied; and it is further,

ORDERED that the branch of the cross motion which is to enjoin the appellant from instituting further actions or proceedings concerning this matter is denied without prejudice to seeking this relief in the Supreme Court, Westchester County.

DILLON, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court