| Nathan Samuel v Isaac Rosenfeld |
| Motion No: 2014-00040 KC |
| Slip Opinion No: 2014 NY Slip Op 82124(U) |
| Decided on August 20, 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
| 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. The appeal from the order was dismissed 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. Plaintiff appellant was advised in the court's decision & order of January 16, 2014 that his remedy, if he be so advised, is to make a written motion to set aside the order and, if necessary, to appeal from the order determining that motion. Plaintiff -appellant has chosen not to avail himself of this remedy.
ENTER:
Paul Kenny
Chief Clerk