Citadel Estates, LLC v Sasha A. Mason
Motion No: 2013-02318 c
Slip Opinion No: 2013 NY Slip Op 91851(U)
Decided on November 7, 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.


Appellate Term of the Supreme Court

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

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-2318 K C
Citadel Estates, LLC,, Appellant, v Sasha A. Mason, Respondent.

Appeal from so much of an order of the Civil Court of the City of New York, Kings County, entered October 9, 2013, as, upon denying respondent's motion to vacate an income execution, directed appellant to return a security deposit to respondent within 30 days.

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 or a portion thereof which does not determine a motion made on notice (CCA 1702 [a] [2]; CPLR 2211). Appellant's remedy, if it be so advised, is to move to set aside the portion of the order in question, and, if necessary, to appeal from the order determining that motion.

ENTER:

Paul Kenny

Chief Clerk