AYALA v. DELGADO


303 A.D.2d 286 (2003)

755 N.Y.S.2d 617

ANASTACIO AYALA, JR., Appellant, v. GLENN DELGADO et al., Respondents.

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

Decided March 20, 2003.


The subject judgment, which was entered pursuant to an order that decided a motion that was not made on notice, is not appealable as of right (CPLR 5701 [a] [2]; see Courtney v Duo Colony Fuel Corp., 300 A.D.2d 169 [2002]), and the record is devoid of any subsequent motion to vacate or renew that would have placed the propriety of the dismissal before this Court (see Amerasian Intl...

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