Malinsky v Schwartz
Motion No: 2022-10386
Slip Opinion No: 2023 NY Slip Op 60385(U)
Decided on January 11, 2023
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

M286630

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-10386

Kelly Rebecca Malinsky, respondent,

v Avraham Schwartz, appellant.

(Index No. 707721/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated October 26, 2022.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, 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.

BRATHWAITE NELSON, J.P., MALTESE, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court