| 11 Wooleys Lane Hous. Corp. v Jo-ann Smith |
| Motion No: 2017-00089 NC |
| Slip Opinion No: 2017 NY Slip Op 62393(U) |
| Decided on January 19, 2017 |
| 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
| 11 Wooleys Lane Housing Corporation, Appellant, v Jo-Ann Smith, Respondent, et al., Undertenants. |
Appeal from a decision of the District Court of Nassau County, First District, dated August 11, 2016.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Although denominated an "interlocutory judgment," the paper appealed from is in fact only a decision. No appeal lies from a decision (see UDCA 1702; Farag v Farag, 4 AD3d 502 [2004]), and there is no entered judgment in the record (see UDCA 1401). Pursuant to CPLR 5016 (a), "A judgment is entered when, after it has been signed by the clerk, it is filed by him."
ENTER:
Paul Kenny
Chief Clerk