| Mohib Fanek v Grassy Sprain Owners Corp. |
| Motion No: 2017-01624 WC |
| Slip Opinion No: 2017 NY Slip Op 85388(U) |
| Decided on August 30, 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
| Mohib Fanek, Respondent, v Grassy Sprain Owners Corp., Appellant. |
Appeal from an order of the City Court of Yonkers, Westchester County, entered May 5, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from an order that does not determine a motion made on notice (UCCA 1702 [a] [2]; New Century Osteopathic v State Farm Fire & Cas. Ins. Co., 22 Misc 3d 126[A], 2008 NY Slip Op 52584[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2008]), and leave to appeal has not been granted. CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served."
ENTER:
Paul Kenny
Chief Clerk