| Misk v Livadia Realty Corp. |
| Motion No: 2017-01686 |
| Slip Opinion No: 2017 NY Slip Op 77548(U) |
| Decided on June 20, 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
M233176
E/afa
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2017-01686 Michael Misk, plaintiff, v Livadia Realty Corp., appellant. (Index No. 701271/13)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Queens County, entered February 1, 2017. By order to show cause dated April 17, 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 in the above-entitled action on the ground that no appeal lies from an order entered ex parte.
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 Czajkowski v Duggal, 251 AD2d 616), without prejudice to the defendant seeking review of the order entered February 1, 2017, pursuant to CPLR 5704.
DILLON, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court