| Matter of Costello v City of Long Beach |
| Motion No: 2013-08977 |
| Slip Opinion No: 2013 NY Slip Op 94498(U) |
| Decided on December 17, 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
M166369
E/sl
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08977 In the Matter of Brendan Costello, et al., respondents, v City of Long Beach, appellant. (Index No. 13628/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 2, 2013, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701).
MASTRO, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court