McCarthy v Kings Auto Show, Inc.
Motion No: 2015-01486
Slip Opinion No: 2016 NY Slip Op 65013(U)
Decided on February 23, 2016
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

M206847

J/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

BETSY BARROS, JJ.

2015-01486

Sherwin McCarthy, respondent,

v Kings Auto Show, Inc., appellant,

et al., defendant.

(Index No. 8977/09)

DECISION AND ORDER ON MOTION

Motion by Kings Auto Show, Inc., inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 30, 2014, and to vacate a decision and order on motion of this Court dated September 2, 2015, which dismissed the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal had not been granted.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., CHAMBERS, HALL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court