Fulmore v 1128 Jefferson, LLC
Motion No: 2020-02943
Slip Opinion No: 2020 NY Slip Op 68951(U)
Decided on July 22, 2020
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

M272019

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2020-02943

Timothy Fulmore, appellant,

v 1128 Jefferson, LLC, et al., respondents.

(Index No. 711/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 6, 2020. Motion by the respondents to dismiss the appeal, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

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

DILLON, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court