| Omar Worrell v Michael Devito |
| Motion No: 2022-00640 DC |
| Slip Opinion No: 2023 NY Slip Op 64245(U) |
| Decided on March 16, 2023 |
| 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
ELIZABETH H. EMERSON, J.P.
JERRY GARGUILO
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| Omar Worrell, Appellant, v Michael Devito, Respondent. |
Appeal from a decision of the City Court of Poughkeepsie, Dutchess County, dated July 19, 2022.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that no appeal as of right lies from an order which does not decide a motion made on notice (see City Court Act 1702 [a] [2]). 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