Appellate Division: Second Judicial Department

M231880

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-01643 Ysmelda Dollison, respondent, v Curtis Dollison, appellant. (Index No. 50743/16)

DECISION & ORDER ON MOTION

Appeal by Curtis Dollison from an order of the Supreme Court, Richmond County, dated January 4, 2017. By order to show cause dated March 13, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated January 4, 2017, was not appealable as of right as it was not the result of a motion made on notice and leave to appeal had not been granted. Application by Curtis Dollison for leave to appeal to this Court from the order dated January 4, 2017.

Now, upon the order to show cause and the papers filed in response thereto, 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 motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the application is denied without prejudice to make a motion for the relief sought.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court