| Pinecrest Manor v Rita Cross |
| Motion No: 2013-01609 wc |
| Slip Opinion No: 2013 NY Slip Op 83204(U) |
| Decided on August 20, 2013 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, J.P.
HECTOR D. LaSALLE
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Pinecrest Manor, Appellant, v Rita Cross, Respondent. |
Appeal from an order of the Justice Court of the Town of Mount Kisco, Westchester County, entered September 19, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The appeal from the order is dismissed on the ground that no appeal as of right lies from an order that does not determine a motion made on notice (UJCA 1702 [a] [2]), and leave to appeal has not been granted. CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served."
ENTER:
Paul Kenny
Chief Clerk