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VALERIO v. "JOHN DOE" NO. 1

2018-09685. Index No. 610204/16.

200 A.D.3d 736 (2021)

154 N.Y.S.3d 872

2021 NY Slip Op 06718

Aaron Valerio, Respondent, v. "John Doe" No. 1 et al., Defendants, and Cannon's Blackthorne, Inc., Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Holihan & Associates, P.C., Richmond Hill, NY ( Nazareth Markarian of counsel), for appellant.

Steven C. Kletzkin, PLLC, New York, NY, for respondent.

Dillon, J.P., Christopher, Wooten and Zayas, JJ., concur.

Ordered that the appeal is dismissed, without costs or disbursements.

The order appealed from did not decide a motion made on notice and, as such, is not appealable as of right (see CPLR 5701[a][2]; see also Kelleher v Mt. Kisco Med. Group, 264 A.D.2d 760, 761 [1999]). No application was made for permission to appeal, and we are not inclined to grant leave to appeal under the circumstances of this case (see...

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