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VININGS SPINAL DIAGNOSTIC v. PROGRESSIVE CAS. INS. CO.

2007-582 N C.

2008 NY Slip Op 51534 (U)

VININGS SPINAL DIAGNOSTIC as assignee of MIA ONORATO, Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 10, 2008.

The appeal from the order must be dismissed since no appeal as of right lies from an order which decides a motion which was not made on notice (UDCA 1702 [a] [2]; see Bottiglieri v. Reilly, 15 Misc.3d 135[A], 2007 NY Slip Op 50750[U] [App Term, 9th & 10th Jud Dists 2007]; see also 1223 Bushwick, LLC v. Williams, 19 Misc.3d 128[A], 2008 NY Slip Op 50512[U] [App Term, 2d & 11th Jud Dists 2008]). A motion is made on notice when a notice of motion or an...

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