Denton Gayle & Margaret Grover v Edward Iacono
Motion No: 2024-00226 NC
Slip Opinion No: 2024 NY Slip Op 75489(U)
Decided on September 27, 2024
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, P.J.

GRETCHEN WALSH

ELENA GOLDBERG-VELAZQUEZ, JJ.

DECISION & ORDER ON MOTION

2024-226 N C
Denton Gayle and Margaret Grover, Appellants, v Edward Iacono, Respondent.

Appeal from an order of the District Court of Nassau County, First District, dated March 6, 2024.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal as of right lies from the District Court's sua sponte order (see UDCA 1702 [a] [2]); CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted.

Appellant's remedy, if he be so advised, is to move in the District Court to set aside the sua sponte order and, if necessary, appeal from the order determining that motion.

ENTER:

Paul Kenny

Chief Clerk