KELSEY v. RUTLEDGE

2021-02630 Index No. 7/21.

214 A.D.3d 862 (2023)

183 N.Y.S.3d 856

2023 NY Slip Op 01503

Michael N. Kelsey, Appellant, v. Jeffrey Rutledge, Defendant.

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

Decided March 22, 2023.


Attorney(s) appearing for the Case

Michael N. Kelsey, Hudson, NY, appellant pro se.

Duffy, J.P., Connolly, Christopher and Warhit, JJ., concur.


In an action for declaratory relief, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Hal B. Greenwald, J.), dated March 5, 2021. The order, insofar as appealed from, sua sponte, directed dismissal of the complaint for failure to state a cause of action.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed, as no appeal lies as of right from an order that does not decide a motion made...

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