| North Garden Assoc., LLC Et Al. v Robert Mckinlay & Karolyn Mckinlay |
| Motion No: 2017-01678 WC |
| Slip Opinion No: 2017 NY Slip Op 86098(U) |
| Decided on September 8, 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
| North Garden Associates, LLC et al., v Robert McKinlay and Karolyn McKinlay, Appellants. |
Appeal from an order of the City Court of New Rochelle, Westchester County, entered May 18, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
The appeal from the order is dismissed on the ground that no appeal as of right lies from an order that does not determine a motion made on notice (UCCA 1702 [a] [2]), 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