Appellate Division: Second Judicial Department

M216199

E/slJEFFREY A. COHEN, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-05786, 2016-07337 Kevin Martin, appellant, et al., plaintiff, v Dom and E. Yonkers Property Management, respondent. (Index No. 69642/15)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, dated May 26, 2016, and July 8, 2016, respectively, inter alia, to recall and vacate a prior decision and order on motion of this Court dated June 20, 2016, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated July 8, 2016, 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 branch of the motion which is for leave to prosecute the appeal from the order dated May 26, 2016, on the original papers is granted, and that appeal will be heard on the original papers (including the transcript of proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the motion is otherwise denied.

COHEN, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court