LAMOT v. CITY OF NEW YORK


297 A.D.2d 527 (2002)

747 N.Y.S.2d 203

NANCY LAMOT, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided September 17, 2002.


Because the prior order of which plaintiff's motion sought reconsideration was not the result of a motion made on notice, and was not based on a formal record, it was not appealable as of right (see CPLR 5701 [a] [2]; Castadot v Palmer, 266 A.D.2d 169; Everitt v Health Maintenance Ctr., 86 A.D.2d 224, 227). Accordingly, pursuant to CPLR 2001, we deem plaintiff's motion as one to vacate...

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