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NEW YORK STATE DIVISION OF HUMAN RIGHTS v. OCEANSIDE COVE II APARTMENT CORPORATION

39 A.D.3d 608 (2007)

835 N.Y.S.2d 246

NEW YORK STATE DIVISION OF HUMAN RIGHTS, Appellant, v. OCEANSIDE COVE II APARTMENT CORPORATION, Respondent.

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

Decided April 10, 2007.

Ordered that the appeal is dismissed, with costs, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701 [a] [2]), and leave to appeal has not been granted (see CPLR 5701 [c]).

The plaintiff, having conceded the impropriety of its service of the summons and complaint, was relegated to seeking an extension of the time to effect service under CPLR 306-b. Rather...

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