Olympia Mortgage Corp. v Godette
Motion No: 2018-03950
Slip Opinion No: 2018 NY Slip Op 72973(U)
Decided on May 18, 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

M250283

E/sl

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2018-03950

Olympia Mortgage Corp., respondent,

v Christine Godette, appellant, et al.,

defendant.

(Index No. 19507/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 20, 2018, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted. Cross motion by appellant for leave to appeal to this Court from the order February 20, 2018.

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

ORDERED that the cross motion is denied; and it is further,

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

SCHEINKMAN, P.J., MILLER, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court