JULIANO v. GENESEE GATEWAY, LLC

988 CA 19-02053.

188 A.D.3d 1680 (2020)

132 N.Y.S.3d 363

2020 NY Slip Op 06658

Christopher J. Juliano et al., Respondents, v. Genesee Gateway, LLC, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 13, 2020.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Defendant appeals from an ex parte order granting plaintiffs a temporary easement over defendant's property along with a temporary restraining order prohibiting defendant from blocking the back door of plaintiffs' building. We conclude that "[i]nasmuch as no appeal lies as of right `from an ex parte order, including an order entered sua sponte'..., and permission to appeal has...

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