2012-678 D C. MCAULEY v. ELMCREST HOMEOWNERS ASSN. — Motion by respondent to dismiss an appeal from an order of the Justice Court of the Village of Fishkill, Dutchess County, dated June 13, 2012, on the ground that respondent was not served with the notice of appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal as of right lies from the Justice Court's sua sponte order (see UJCA 1702 [a] [2]; CPLR 2211; Sholes v. Meagher, 100 NY2d 333 [2003]); and it is further, ORDERED that respondent's motion is denied as moot.