Appellate Division: Second Judicial Department

M207125

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-09917 Toni Anne Hirsch, appellant, v Peter Hirsch, respondent. (Index No. 1647/14)

DECISION & ORDER ON MOTION

Appeal by Toni Anne Hirsch from an order of the Supreme Court, Westchester County, dated August 5, 2015. By order to show cause dated December 31, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated November 13, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

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 leave to appeal has not been granted; and it is further,

ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order dated November 13, 2015, is denied as academic.

RIVERA, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court