Mariners Residence, Inc. v Adrienne Arnold
Motion No: 2015-02582 RIC
Slip Opinion No: 2015 NY Slip Op 93156(U)
Decided on December 3, 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

DAVID ELLIOT, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2015-2582 RI C
Mariners Residence, Inc., Respondent, v Adrienne Arnold, Appellant.

Appeals from (1) an order of the Civil Court of the City of New York, Richmond County, entered July 1, 2015, (2) a stipulation so-ordered by the same court on August 7, 2015, and (3) a final judgment of the same court entered August 7, 2015.

On the court's own motion, it is

ORDERED that the appeals are dismissed.

The appeal from the order entered July 1, 2015 is dismissed on the ground that no appeal as of right lies from a sua sponte order (see CCA 1702) and on the further ground that any right of direct appeal from the order terminated with the entry of the final judgment on August 7, 2015. The appeal from the stipulation dated August 7, 2015 is dismissed on the ground that no appeal lies from a stipulation (see id.; CPLR 5511). The appeal from the final judgment entered August 7, 2015 is dismissed on the ground that no appeal lies from a final judgment entered pursuant to a stipulation (see CPLR 5511). It is noted that appellant has separately appealed from an order denying her motion to set aside the order entered July 1, 2015 and the stipulation and final judgment, which appeal has been assigned docket No. 2015-2730 RI C.

ENTER:

Paul Kenny

Chief Clerk