| Bank of New York Mellon v Bub |
| Motion No: 2022-00472 |
| Slip Opinion No: 2023 NY Slip Op 71219(U) |
| Decided on August 4, 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. |
Appellate Division: Second Judicial Department
M290361
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2022-00472 Bank of New York Mellon, etc., plaintiff-respondent, v George Bub, etc., defendant-respondent, Gina R. Decintio-Bub, etc., appellant, et al., defendants. (Index No. 21795/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated December 17, 2021. Motion by the plaintiff-respondent, inter alia, 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 branch of the motion which is 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 is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied as academic.
DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court