| East Ramapo Cent. Sch. Dist. v Mosdos Chofetz Chaim, Inc., Occupant. Yeshiva Chofetz Chaim, Inc. |
| Motion No: 2017-01626 ROC |
| Slip Opinion No: 2018 NY Slip Op 86070(U) |
| Decided on October 5, 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 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| East Ramapo Central School District, Respondent, v Mosdos Chofetz Chaim, Inc., Occupant. Yeshiva Chofetz Chaim, Inc., Appellant. |
Appeal from an order of the Justice Court of the Town of Ramapo, Rockland County, entered July 13, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served." Here, the order to show cause giving rise to the order appealed from was signed by a justice of a different court and not by a justice of the Justice Court of the Town of Ramapo, and was thus a nullity (see Burke v Aspland, 56 AD3d 1001 [2008]). No appeal as of right lies from an order that does not determine a motion made on notice (UJCA 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.
ENTER:
Paul Kenny
Chief Clerk