| Washington v Rafiy |
| Motion No: 2016-09520 |
| Slip Opinion No: 2017 NY Slip Op 60705(U) |
| Decided on January 10, 2017 |
| 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
M224208
E/ct
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2016-09520 Debra L. Washington, appellant, v Philip M. Rafiy, et al., respondents. (Index No. 51015/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated September 7, 2011, as a poor person and for the assignment of counsel. Cross motion by the respondents Philip M. Rafiy and Philip M. Rafiy, M.D., P.C., and separate cross motion by the respondent Long Island Jewish Medical Center to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motions 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 and the cross motions are denied as academic.
AUSTIN, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court