| David Springsteen v Walter J. Watson |
| Motion No: 2013-02689 SC |
| Slip Opinion No: 2014 NY Slip Op 72443(U) |
| Decided on April 30, 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| David Springsteen, Respondent, v Walter J. Watson, Defendant, and Red Top Management Transport, Inc. and Damien Munoz, Appellants. |
Motion by appellants, in effect, for leave to reargue their prior motion for a stay, which prior motion was determined by decision and order on motion of this court dated March 3, 2014, and to vacate so much of that decision and order on motion as dismissed appellants' appeal from a transcript of the Suffolk County Court, dated October 23, 2013, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order on motion.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied, as a transcript is not a paper from which an appeal can be taken (see CPLR 5512 [a]; Dorizas v Island Insulation Corp., 254 AD2d 246 [1998]; Ojeda v Metropolitan Playhouse, 120 AD2d 717 [1986]).
It is noted that the appeal was also subject to dismissal on the ground that no appeal as of right lies from an order that does not determine a motion made on notice, and leave to appeal had not been granted (UDCA 1702 [a] [2]). CPLR 2211 provides that a "motion on notice is made when a notice of the motion or on an order to show cause is served."
ENTER:
Paul Kenny
Chief Clerk