| Lattimore v Montgomery |
| Motion No: 2024-13472 |
| Slip Opinion No: 2025 NY Slip Op 62269(U) |
| Decided on February 7, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M302684
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2024-13472 Tina Lattimore, plaintiff, Kevin Martin, appellant, v James Montgomery, respondent. (Index No. 66047/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated December 10, 2024. Motion by the appellant, inter alia, in effect, for summary reversal of the order.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, 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 we decline to grant leave to appeal; and it is further,
ORDERED that the motion by the appellant is denied as academic.
CONNOLLY, J.P., MILLER, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court