| Axis v Axis |
| Motion No: 2016-01208 |
| Slip Opinion No: 2016 NY Slip Op 69009(U) |
| Decided on April 1, 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. |
Appellate Division: Second Judicial Department
M209128
E/sl
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-01208 Josephine Axis, respondent, v Ducarmel Axis, appellant. (Index No. 203281/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated January 8, 2016, on the ground that she was not served with the notice of appeal.
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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the grounds that (1) no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal and (2) no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court