Opinion
2004-78 QC.
Decided March 2, 2005.
Appeal by plaintiff from orders of the Civil Court, Queens County (V. Brathwaite Nelson, J.), entered August 21, 2003 and October 21, 2003, respectively, denying her motion to stay proceedings until the completion of all discovery and until her pending motion to compel defendants to provide further responses to her interrogatories was decided, and denying reargument thereof.
Appeal from orders entered August 21, 2003 and October 21, 2003 unanimously dismissed.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
By order entered August 21, 2003, the lower court denied plaintiff's June motion for a stay on the grounds of lack of service and upon the further ground that the court's prior decision dated July 8, 2003 granted plaintiff's motion to the extent of precluding "defendants from presenting any evidence with respect to the information requested by plaintiff in her interrogatories other than what was already supplied in defendants' responses." Plaintiff's appeal from said order is dismissed since an appeal to this court may be taken as of right only from an order deciding a motion made upon notice ( see CCA 1702 [a] [2]; see also 330 Cent. Park Realty Co. v. Pandalfo, 144 Misc 2d 991 [App Term, 9th 10th Jud Dists 1989]). Furthermore, plaintiff's appeal from the order entered October 21, 2003, denying her motion to reargue the aforementioned August order, is dismissed since no appeal lies from an order denying reargument ( see Schumer v. Levine, 208 AD2d 605). We note, however, that even if said motion were properly before us, we would find no basis in the record upon which to grant the relief requested.