Bartels v Dillner
Motion No: 2014-11951
Slip Opinion No: 2015 NY Slip Op 69169(U)
Decided on April 6, 2015
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M190188

T/ct

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-11951

Jeff Bartels, appellant, v John Dillner, et al.,

respondents.

(Index No. 7156/14)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated November 10, 2014. The appellant perfected the appeal on February 5, 2015. By order to show cause dated February 17, 2015, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the order dated November 10, 2014, is not appealable as of right because it is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701).

CHAMBERS, J.P., DICKERSON, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court