| Lidgette Van Reil, Formerly Known As Lidgette C. Elliot v Hisham A. Khaleel |
| Motion No: 2018-00443 KC |
| Slip Opinion No: 2018 NY Slip Op 68429(U) |
| Decided on March 22, 2018 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Lidgette Van Reil, Formerly Known as Lidgette C. Elliot, Respondent, v Hisham A. Khaleel, Appellant. |
Appeal from a refusal by the Civil Court of the City of New York, Kings County, entered January 29, 2018, to sign a notice of motion.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as an appeal lies as of right only from an order that determines a motion made on notice (see CCA 1702 [a] [2]).
We note that the proper procedure is not to refuse to sign a notice of motion but rather to calendar the motion and determine it on the merits.
ENTER:
Paul Kenny
Chief Clerk