| 104-106 1st Place Corp. v Scotto Funeral Home, LLC |
| Motion No: 2018-01881 KC |
| Slip Opinion No: 2018 NY Slip Op 84510(U) |
| Decided on September 18, 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
MICHELLE WESTON, J.P.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 104-106 1st Place Corp., Respondent, v Scotto Funeral Home, LLC, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 5, 2018.
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 (CCA 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