189 Stanhope St. Realty Corp. v Jennifer Wilmeth
Motion No: 2019-01170 KC
Slip Opinion No: 2019 NY Slip Op 77241(U)
Decided on August 2, 2019
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2019-1170 K C
189 Stanhope Street Realty Corp., Respondent, v Jennifer Wilmeth, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 1, 2019.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal as of right lies from an order granting an oral application (see 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 2008]) and leave to appeal has not been granted.

Appellant's remedy, if she be so advised, is to move in the Civil Court to set aside the order and, if necessary, appeal from the determination of that motion.

ENTER:

Paul Kenny

Chief Clerk