| Luz Serrano v Jeannette Cabrerra & Pedro Manuel Mendez |
| Motion No: 2012-02650 KC |
| Slip Opinion No: 2014 NY Slip Op 64419(U) |
| Decided on February 6, 2014 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Luz Serrano, Appellant, v Jeannette Cabrerra and Pedro Manuel Mendez, Respondents, et al., Undertenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 13, 2012.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The order appealed from granted an oral trial motion to dismiss based on appellant's failure to prove a prima facie case. No appeal as of right lies from an order that does not determine a motion made on notice (CCA 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." We note that appellant is not aggrieved by so much of the order as granted appellant's motion to "submit an appealable form order" (see CPLR 5511). We further note that a copy of the trial transcript has not been included in the record on appeal.
ENTER:
Paul Kenny
Chief Clerk