Appellate Division: Second Judicial Department

M222214

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-10195 Ann Ciraco, respondent, v Vittorio Ciraco, appellant. (Index No. 12032/11)

DECISION & ORDER ON MOTION

Appeal by Vittorio Ciraco from an order of the Supreme Court, Westchester County, dated August 11, 2016. By order to show cause dated October 14, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal had not been granted. Application by the appellant for leave to appeal to this Court from the order dated August 11, 2016.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied; and it is further,

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701).

DILLON, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court