| Matter of Einbinder v Einbinder |
| Motion No: 2022-04945 |
| Slip Opinion No: 2022 NY Slip Op 71961(U) |
| Decided on September 19, 2022 |
| 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. |
Appellate Division: Second Judicial Department
M284977
MB/
COLLEEN D. DUFFY, J.P.
JOSEPH J. MALTESE
LINDA CHRISTOPHER
JANICE A. TAYLOR, JJ.
|
2022-04945 In the Matter of Robyn Einbinder, respondent, v Josh Einbinder, appellant. (Index No. 202147/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated May 24, 2022. By order to show cause dated July 15, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.
Now, upon the order to show cause and no papers having been 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.
DUFFY, J.P., MALTESE, CHRISTOPHER and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court