| Rossrock Fund II, L.P. v Toledo |
| Motion No: 2015-12557 |
| Slip Opinion No: 2016 NY Slip Op 79324(U) |
| Decided on July 12, 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
M214616
E/afa
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2015-12557
Rossrock Fund II, L.P., respondent, v Carlos Luis Toledo, et al., defendants, Claudette Boothe, appellant. (Index No. 44329/07)
| DECISION & ORDER ON MOTION |
Motion by Audrey A. Thomas, P.C., for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 1, 2015, and to enlarge the time to perfect the 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 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 is denied as academic.
BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court