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MANNING v. CITY OF NEW YORK

29 A.D.3d 361 (2006)

814 N.Y.S.2d 611

FRANK MANNING, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

May 11, 2006.

The judgment is not appealable as of right since it is based on an order that did not decide a motion made on notice (Hladun-Goldmann v Rentsch Assoc., 8 A.D.3d 73 [2004], citing Diaz v New York Mercantile Exch., 1 A.D.3d 242 [2003]). Nevertheless, we deem the notice of appeal to be a motion for leave to appeal (CPLR 5701 [c]), and grant such leave, as the record is sufficient

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