Thomas v. Thomas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to partition real property, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Dowd, J.), dated November 17, 2003, which, sua sponte, confirmed a referee’s report dated August 7, 2003, and (2) an order of the same court (Douglass, J.), dated April 7, 2004, which, in effect, denied his motion, in effect, to vacate the prior order.
Ordered that the appeal from the order dated November 17, 2003, is dismissed, as no appeal lies as of right from an order that does not decide a motion made on notice, and leave to appeal has not been granted (see CFLR 5701 [a]…
2Cases cited2 opinions
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