Calinescu v. 167 LLC

125 A.D.3d 551, 1 N.Y.S.3d 812

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 24, 2015
• Docket: 14319 305717/11
• Status: Published

Opinion

Appeal from order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 20, 2014, which struck plaintiffs note of issue, and directed plaintiff to comply with the directives of the preliminary conference order, unanimously dismissed, without costs, as taken from a nonappealable paper.

The court’s order did not resolve a motion made on notice, and thus is not appealable as of right (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 336 [2003]; see also Smith v United Church of Christ, 95 AD3d 581, 582 [1st Dept 2012], lv denied and dismissed 19 NY3d 940 [2012]).

Concur — Friedman, J.P., Sweeny, Saxe, Feinman and Clark, JJ.