Jelen v Jelen
Motion No: 2018-13377
Slip Opinion No: 2019 NY Slip Op 62037(U)
Decided on February 1, 2019
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

M259751

E/sl

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-13377

Susan Jelen, respondent,

v Sean Jelen, appellant.

(Index No. 8770/17)

DECISION & ORDER ON MOTION

Appeal by Sean Jelen from an order of the Supreme Court, Queens County, dated July 24, 2018. By order to show cause dated December 14, 2018, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice and leave to appeal had not been granted.

Now, upon the order to show cause and the papers filed in response thereto, it is

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

SCHEINKMAN, P.J., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court