G. Bercks Props., Inc. v Alan F. Thau & Eva Thau
Motion No: 2012-02457 qc
Slip Opinion No: 2012 NY Slip Op 93775(U)
Decided on December 7, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2012-2457 Q C
G. Bercks Properties, Inc., Appellant, v Alan F. Thau and Eva Thau, Respondents, and "John Doe," Undertenant.

Appeal from an order of the Civil Court of the City of New York, Queens County, entered September 6, 2012.

On the court's own motion, it is

ORDERED 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 leave to appeal has not been granted.

ENTER:

Paul Kenny

Chief Clerk