| 10-14 Glencar, LLC v Lakenya Johnson |
| Motion No: 2015-00027 WC |
| Slip Opinion No: 2016 NY Slip Op 60980(U) |
| Decided on January 5, 2016 |
| 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| 10-14 Glencar, LLC, Appellant, v Lakenya Johnson, Respondent. |
Appeal, as limited by the "argument" portion of appellant's brief, from so much of an order of the City Court of New Rochelle, Westchester County, entered September 17, 2014, as, sua sponte, converted respondent's opposition to appellant's motion to dismiss respondent's counterclaim into a motion for summary judgment on the counterclaim and granted the motion.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal as of right lies from the City Court's sua sponte order (see UDCA 1702 [a] [2]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]) and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk