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CAMARENO v. AREALTY CORP.

53 A.D.2d 562 (1976)

Juana Camareno et al., Respondents, v. Arealty Corporation et al., Defendants, Burns Bros. Preferred, Inc., Appellant Arealty Corporation, Third-Party Plaintiff, v. Atlas Boiler Cleaning & Maintenance Co., Inc., Third-Party Defendant-Respondent, and Burns Bros. Preferred, Inc., Third-Party Defendant-Appellant Abdelkrin B. Abballah, Respondent, v. Arealty Corp. et al., Defendants, and Burns Bros. Preferred, Inc., Appellant Arealty Corp., Third-Party Plaintiff-Respondent, v. Atlas Boiler Cleaning & Maintenance Company, Inc., Third-Party Defendant-Respondent, and Burns Bros. Preferred, Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 22, 1976

The appeal is not properly before this court. The notice of appeal, dated February 6, 1976, purports to appeal from an order, entered as above, and dated December 5, 1975, which transferred the action from Supreme to Civil Court. That order was ex parte (Rules of Supreme Court, New York and Bronx Counties, § 660.21 [22 NYCRR 660.21]), and a motion to vacate it was denied on February 24, 1976. The ex parte order itself is not appealable (CPLR 5701, subd [a], par 2). For...

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