Obot v Medaille Coll. (2011 NY Slip Op 02194)

Obot v Medaille Coll.

2011 NY Slip Op 02194 [82 AD3d 1629]

March 25, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 11, 2011

Otu A. Obot, Appellant, v Medaille College, Respondent.

—[*1] Otu A. Obot, plaintiff-appellant pro se.

Phillips Lytle LLP, Buffalo (Ericka N. Bennett of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 25, 2010. The order struck and vacated the note of issue and certificate of readiness.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Inasmuch as no appeal lies as of right "from an ex parte order, including an order entered sua sponte" (Sholes v Meagher, 100 NY2d 333, 335 [2003]; see Bajrovic v Jeff Anders Trucking, 52 AD3d 553 [2008]), and permission to appeal has not been granted (see CPLR 5701 [c]), the appeal must be dismissed (see Mohler v Nardone, 53 AD3d 600 [2008]). Present—Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.