| Dusan Ondris v Marc A. Chiffret |
| Motion No: 2019-01142 SC |
| Slip Opinion No: 2019 NY Slip Op 81284(U) |
| Decided on October 4, 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Dusan Ondris, Respondent, v Marc A. Chiffret, Appellant. |
Appeal from an order of the Justice Court of the Town of Southampton, Suffolk County, entered August 27, 2019. The order denied appellant's oral motion to dismiss the petition.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as 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.
CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served."
ENTER:
Paul Kenny
Chief Clerk