Nathan Samuel v Isaac Rosenfeld
Motion No: 2014-00040 KC
Slip Opinion No: 2014 NY Slip Op 73051(U)
Decided on May 13, 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.


Appellate Term of the Supreme Court

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

MICHAEL L. PESCE, P.J.

MARTIN M. SOLOMON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2014-40 K C
Nathan Samuel, Appellant, v Isaac Rosenfeld, Respondent.

Motion by appellant to vacate an order of this court dated January 16, 2014, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, dated March 20, 2013, on the ground that 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.

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.

ENTER:

Paul Kenny

Chief Clerk