| Shaff Mclin v Mental Health Assn. |
| Motion No: 2016-00180 NC |
| Slip Opinion No: 2016 NY Slip Op 80713(U) |
| Decided on July 22, 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Shaff McLin, Respondent, v Mental Health Association, Appellant. |
Appeal from a "decision and order" of the District Court of Nassau County, First District, entered January 21, 2016. The "decision and order" awarded respondent a judgment of possession in a summary proceeding brought pursuant to RPAPL 713 (10).
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Upon a review of the record, which has now been received by this court, it appears that no final judgment has been entered in this summary proceeding (see RPAPL 747 [providing that a summary proceeding terminates in a final judgment]). No appeal as of right lies from the District Court's "decision and order," which did not determine a motion made upon notice (see UDCA 1702). Pursuant to UDCA 1401, if a judgment is not prepared by the attorney for the successful party, the attorney for the unsuccessful party may prepare the judgment. Appellant's remedy, if it be so advised, is to cause a final judgment to be entered and to appeal therefrom.
ENTER:
Paul Kenny
Chief Clerk