| Hatten v Behrins |
| Motion No: 2016-04171 |
| Slip Opinion No: 2016 NY Slip Op 80884(U) |
| Decided on July 28, 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
M215492
E/afa
THOMAS A. DICKERSON, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-04171 Jeffrey Hatten, respondent, v Bruce G. Behrins, et al., appellants. (Index No. 15702/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 21, 2016, as untimely taken. Cross motion by the appellants to impose a sanction upon the respondent.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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; and it is further
ORDERED that the cross motion is denied.
DICKERSON, J.P., MILLER, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court