Walsh v. Town of Brookhaven

Appellate Division of the Supreme Court of New York

Walsh v. Town of Brookhaven

7 A.D.3d 699, 776 N.Y.S.2d 506

Appellate Division of the Supreme Court of the State of New York·Decided May 17, 2004·Published·Cited by 3 cases

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated July 7, 2003, which granted stated portions of the plaintiff’s oral application.

Ordered that the appeal is dismissed, with costs.

An order which does not determine a motion made on notice is not appealable as of right (see CPLR 5701 [a] [2]; [c]; Cellini v Derespiris, 302 AD2d 419 [2003]), and we decline to grant leave to appeal. Ritter, J.P., S. Miller, Townes, Crane and Rivera, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated July 7, 2003, which granted stated portions of the plaintiff’s oral application.

Ordered that the appeal is dismissed, with costs.

An order which does not determine a motion made on notice is not appealable as of right (see CPLR 5701 [a] [2]; [c]; Cellini v Derespiris, 302 AD2d 419 [2003]), and we decline to grant leave to appeal. Ritter, J.P., S. Miller, Townes, Crane and Rivera, JJ., concur.

Walsh v. Town of Brookhaven, 7 A.D.3d 699, 776 N.Y.S.2d 506 (N.Y. Ct. App. 2004).

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