Matter of Oliver v Gross
Motion No: 2013-00660
Slip Opinion No: 2013 NY Slip Op 65287(U)
Decided on February 21, 2013
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

M151643

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2013-00660

In the Matter of Diana Oliver, appellant,

v Mark A. Gross, et al., respondents.

(Index No. 3960/12)

DECISION & ORDER ON MOTION

Motions by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered November 27, 2012, on the ground that no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

BALKIN, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court