| Theoharis v Theoharis |
| Motion No: 2016-11668 |
| Slip Opinion No: 2017 NY Slip Op 64925(U) |
| Decided on February 22, 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
M226418
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
|
2016-11668 Michele Theoharis, respondent, v Stavros Theoharis, appellant. (Index No. 11414/15)
| DECISION & ORDER ON MOTION |
Appeal by Stavros Theoharis from an order of the Supreme Court, Queens County, dated October 11, 2016. By decision and order on motion of this Court dated December 30, 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 (see CPLR 5701), and leave to appeal had not been granted.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701).
RIVERA, J.P., BALKIN, CHAMBERS and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court