Ordered that the appeal is dismissed, with costs.
In an order dated January 4, 2016, the Supreme Court granted the defendant's oral application to dismiss the complaint for failure to prosecute. The order is not appealable as of right, as it did not decide a motion made on notice (see CPLR 5701 [a] [2]), and under the particular circumstances of this case, we decline to grant leave to appeal. Accordingly, we dismiss the appeal.
Motion by the respondent...
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