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TOMOR v. 1733 DEVELOPMENT CORP.

297 A.D.2d 374 (2002)

746 N.Y.S.2d 614

JACK TOMOR et al., Respondents, v. 1733 DEVELOPMENT CORP., Appellant, et al., Defendants.

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

Decided August 26, 2002.

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

The order appealed from was the result of an oral application, and not a motion made on notice. Accordingly, the appeal must be dismissed, as an order which does not decide a motion made on notice is not appealable as of right, and leave to appeal has not been granted (see CPLR 5701 [a] [2]; Kastberg v JLM Land Dev. Corp., 280 A.D.2d 453; Cuffie...

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