Yadvinder Singh v Noah Smith
Motion No: 2015-02653 QC
Slip Opinion No: 2015 NY Slip Op 92578(U)
Decided on December 1, 2015
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.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2015-2653 Q C
Yadvinder Singh, Appellant, v Noah Smith, Respondent (and a third-party action).

Appeal from an order of the Civil Court of the City of New York, Queens County, dated April 10, 2015.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

The appeal from the order is 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. CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served."

ENTER:

Paul Kenny

Chief Clerk