| Ilya Kheyn v Svetlana Vitovska |
| Motion No: 2014-00747 KC |
| Slip Opinion No: 2014 NY Slip Op 70614(U) |
| Decided on April 18, 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
| Ilya Kheyn, Respondent, v Svetlana Vitovska, Appellant, et al., Tenants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 18, 2013. The order granted appellant's motion to deem an excerpt of a transcript as settled and to direct the entry of a decision in appealable form.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as appellant is not aggrieved by the order appealed from, which granted her motion (see CPLR 5511).
We note that a transcript is not a paper from which an appeal can be taken (see CPLR 5512 [a]; Kelleher v Mt. Kisco Med. Group, 264 AD2d 760 [1999]; Dorizas v Island Insulation Corp., 254 AD2d 246, [1998]; Ojeda v Metropolitan Playhouse, 120 AD2d 717 [1986]).
ENTER:
Paul Kenny
Chief Clerk