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SONAIKE v. JENIOUS

285 A.D.2d 457 (2001)

727 N.Y.S.2d 151

ISAAC SONAIKE, Respondent, v. WELDON C. JENIOUS et al., Appellants, and AINA O. BEATTY, Respondent.

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

Decided July 2, 2001.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, with costs.

Since the trial court's order did not determine a motion made on notice, it is not appealable as of right (see, CPLR 5701 [c]; Sauray v City of New York, 261 A.D.2d 601). However...

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