Midbo v Helbock, Nappa & Gallucci, LLP
Motion No: 2017-09821
Slip Opinion No: 2018 NY Slip Op 61970(U)
Decided on January 23, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M244113

E/afa

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2017-09821

Glen Midbo, et al., appellants,,

v Helbock, Nappa & Gallucci, LLP,

et al., respondents.

(Index No. 101863/14)

DECISION & ORDER ON MOTION

Motion by the respondents Helbock, Nappa & Gallucci, LLP, Robert J. Helbock, Jr., Joseph A. Nappa, and Mario F. Gallucci, and separate motion by the respondents Matthew J. Santamauro, P.C., and Matthew J. Santamauro, to dismiss an appeal from an order of the Supreme Court, Queens County, entered December 21, 2016, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements (see CPLR 5701).

BALKIN, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court