| Ej Piping Heating & Repairs Corp. v B & D Prop. Solution, Inc. |
| Motion No: 2017-02420 NC |
| Slip Opinion No: 2018 NY Slip Op 86291(U) |
| Decided on October 9, 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
| EJ Piping Heating & Repairs Corp., Respondent, v B & D Property Solution, Inc., Appellant. |
Appeal from an order of the District Court of Nassau County, First District, entered November 30, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
At the time the motion giving rise to the order appealed from was made, appellant, a corporation, was not represented by an attorney. Thus, the motion was a nullity (see DeMartino v Golden, 150 AD3d 1200 [2017]). 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