| Matter of K. (Anonymous), Bertha |
| Motion No: 2015-08254 |
| Slip Opinion No: 2015 NY Slip Op 90034(U) |
| Decided on November 9, 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. |
Appellate Division: Second Judicial Department
M201277
E/ct
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2015-08254 In the Matter of Bertha K. (Anonymous). Terri K. (Anonymous), appellant; Rubin Shur, et al., respondents. (Index No. 27915/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent Rubin Shur to dismiss an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2015, on the ground that no appeal lies from an order issued ex parte.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal.
RIVERA, J.P., DICKERSON, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court