Westerby v Benton
Motion No: 2018-10590
Slip Opinion No: 2018 NY Slip Op 85662(U)
Decided on October 10, 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

M256098

E/sl

SHERI S. ROMAN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-10590

Kristine Westerby, respondent,

v William Benton, appellant.

(Index No. 61948/14)

DECISION & ORDER ON MOTION

Appeal by William Benton from an order of the Supreme Court, Nassau County, dated August 27, 2018.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not result from a motion on notice (see CPLR 5701) and leave to appeal has not been granted.

ROMAN, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court