Alberi v. Rossi

Full title: DANTE ALBERI, Appellant, v. JOHN ROSSI, Respondent

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

Date published: Feb 19, 1985

108 A.D.2d 833 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Westchester County (Stolarik, J.).

Appeal dismissed, without costs or disbursements.

An order striking scandalous or prejudicial matter from a pleading is not appealable as of right (CPLR 5701 [b] [3]). Permission to appeal has not been sought and we are not inclined to grant it sua sponte. Accordingly, dismissal is required ( Tudor v Riposanu, 93 A.D.2d 718). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.