| Brown v Brown |
| Motion No: 2013-02775 |
| Slip Opinion No: 2013 NY Slip Op 69510(U) |
| Decided on April 4, 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. |
Appellate Division: Second Judicial Department
M154076
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2013-02775 Keith L. Brown, appellant, v Hyacinth T. Brown, respondent. (Index No. 10-27267)
| DECISION & ORDER ON MOTION |
Motion by Keith L. Brown for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated March 1, 2013, and, to stay his eviction from the subject premises, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal taken as of right 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 it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court